Archambeault

Archambeault v. Astrue

Good Law
321 F. App'x 601
United States Court of Appeals for the Ninth CircuitApril 3, 2009No. 07-16946California458 words

Opinion

Lead Opinion

MEMORANDUM **

The ALJ did not err in giving significant weight to the opinion of Dr. Maxwell, Archambeault’s treating physician, or in interpreting that opinion to hold that Archambeault retained the residual functional capacity for sedentary work. That the ALJ chose to adopt Dr. Maxwell’s opinion over those of other doctors was well within her prerogative. Sample v. Schweiker, 694 F.2d 639, 643 (9th Cir.1982); see Curry v. Sullivan, 925 F.2d 1127, 1130 (9th Cir.1990). Dr. Maxwell indicated that Archambeault was able to perform “nonexertional functions.” One rational interpretation of this evidence, as held by the ALJ, is that Archambeault retained the residual functional capacity for sedentary work. Where, as here, the evidence is susceptible to more than one rational interpretation, we defer to the ALJ’s decision. Batson v. Comm’r of Soc. *603 Sec. Admin., 359 F.3d 1190, 1193 (9th Cir.2004). Moreover, the ALJ considered Forman’s testimony and reasonably determined that her testimony was consistent with a finding that Archambeault could perform sedentary work. Id. To the extent Archambeault raised a new challenge at oral argument concerning inconsistencies in Dr. Maxwell’s…

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