Fleming

Fleming v. Astrue

Good Law
303 F. App'x 546
United States Court of Appeals for the Ninth CircuitDecember 16, 2008No. 07-35581California1,323 words

Opinion

lead Opinion

*548 MEMORANDUM **

Lance Fleming appeals a district court judgment rejecting his challenge to the decision of an administrative law judge (“ALJ”) denying Fleming’s claim for social security benefits. Fleming argues on appeal that the ALJ erred by: (1) discrediting the opinions of a number of medical sources, (2) discrediting the testimony of a lay witness, and (3) failing to properly evaluate Fleming’s residual functional capacity (“RFC”) and incorporate all of Fleming’s limitations into the hypothetical posed to the vocational expert (“VE”). The facts and procedural history are known to the parties and we do not repeat them here. For the reasons set forth below, we affirm the judgment of the district court.

1. Medical Opinions

In cases where medical reports are inconclusive, the ALJ is charged with resolving conflicting and ambiguous medical testimony. Magallanes v. Bowen, 881 F.2d 747, 751 (9th Cir.1989). As here, “[w]hen a nontreating physician’s opinion contradicts that of the treating physician — but is not based on independent clinical findings, or rests on clinical findings also considered by the treating physician — the opinion of the treating physician may be rejected…

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