Conley
Conley v. Commissioner of the Social Security Administration
Opinion
Lead Opinion
MEMORANDUM **
Cynthia Conley appeals the Commissioner of Social Security’s denial of her application for disability insurance benefits and supplemental security income. As the facts and procedural history are familiar to the parties, we do not recite them here except as necessary to explain our disposition. We review de novo the district court’s judgment upholding the Commissioner’s denial of benefits. See Hoopai v. Astrue, 499 F.3d 1071, 1074 (9th Cir.2007). The decision should be upheld “unless it is based on legal error or is not supported by substantial evidence.” Ryan v. Comm’r of Soc. Sec., 528 F.3d 1194, 1198 (9th Cir.2008). Conley raises eight issues on appeal.
1. Medical Opinion Evidence
The administrative law judge (AU) discredited Dr. Howard Gandler's opinion, giving more weight to the evidence of two other experts: Conley's treating physician Dr. Louise McHarris and medical expert Dr. William DeBolt. Dr. DeBolt criticized Dr. Gandler's assessment as incomplete because, for example, Dr. Gandler had failed to identify Conley's tender points or control points as required by the American College of Rheumatology protocol. In addition, the AU discussed the opinions of all…