Baghoomian

Baghoomian v. Astrue

Good Law
319 F. App'x 563
United States Court of Appeals for the Ninth CircuitMarch 13, 2009No. 07-56596California592 words

Opinion

Lead Opinion

MEMORANDUM **

Sebooh Baghoomian (“Baghoomian”) appeals the district court’s affirmance of an administrative law judge’s (“ALJ”) denial of his application for disability insurance benefits under Title II of the Social Security Act, 42 U.S.C. §§ 416®, 423. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

1. The district court correctly determined that the ALJ did not err in concluding that Baghoomian was not credible and discounting his subjective symptom testimony. Three separate Minnesota Multiphasic Personality Inventories (“MMPIs”) produced by Baghoomian indicated that he was exaggerating his symptoms. This evidence of malingering relieved the ALJ from the burden of providing specific, clear, and convincing reasons to discount Baghoomian’s testimony. See Smolen v. Chater, 80 F.3d 1273, 1281 (9th Cir.1996). Nonetheless, the ALJ met this standard in articulating his reasons for rejecting Baghoomian’s testimony regarding the severity of his physical and mental ailments. See Light v. Soc. Sec. Admin., 119 F.3d 789 , 792 (9th Cir.1997). Indeed, as both the district court and the ALJ found, the record is riddled with inconsistencies regarding Baghoomian’s health,…

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