Elletson

Elletson v. Astrue

Good Law
319 F. App'x 621
United States Court of Appeals for the Ninth CircuitMarch 17, 2009No. 07-35820California557 words

Opinion

Lead Opinion

MEMORANDUM **

Gloria Elletson appeals from the judgment affirming the Commissioner of Social Security’s final decision to deny her application for disability insurance benefits. The Social Security regulations establish a five-step inquiry to determine whether a claimant is entitled to benefits, 20 C.F.R. § 404.1520 (a), and Elletson contests the administrative law judge’s (“ALJ”) findings at Steps Four and Five. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Elletson first challenges the ALJ’s adverse credibility finding. When, as in this case, a claimant presents objective medical evidence of an underlying impairment, and there is no evidence of malingering, the ALJ may reject her testimony about the severity of her symptoms only by offering specific, clear, and convincing reasons for doing so. Lingenfelter v. Astrue, 504 F.3d 1028, 1035-36 (9th Cir.2007). In determining that a person’s claim of total disability is not credible, “an ALJ may weigh inconsistencies between the claimant’s testimony and [her] conduct, daily activities, and work reeord, among other factors.” Bray v. Comm’r of Soc. Sec. Admin., 554 F.3d 1219, 1227 (9th Cir.2009) (citing Light v.…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.