Hegel

Hegel v. Astrue

Good Law
325 F. App'x 580
United States Court of Appeals for the Ninth CircuitMay 13, 2009No. 07-35271California554 words

Opinion

Lead Opinion

MEMORANDUM *

Les Hegel appeals the denial of his application for Supplemental Security Income benefits. The case centers on the *581 administrative law judge’s (“ALJ”) determination that Hegel does not have a severe mental limitation that limits his ability to work. The parties are familiar with the facts, which we repeat here only to the extent necessary.

“Although the contrary opinion of a non-examining medical expert does not alone constitute a specific, legitimate reason for rejecting a treating or examining physician’s opinion, it may constitute substantial evidence when it is consistent with other independent evidence in the record.” To-napetyan v. Halter, 242 F.3d 1144, 1149 (9th Cir.2001) (citing Magallanes v. Bowen, 881 F.2d 747, 752 (9th Cir.1989)); see also Lester v. Chater, 81 F.3d 821 , 831 n. 8 (9th Cir.1995) (noting reasons justifying rejection of an examining physician’s opinion need not support rejection of treating physician’s opinion). “The ALJ is responsible for determining credibility, resolving conflicts in medical testimony, and for resolving ambiguities.” Andrews v. Shalala, 53 F.3d 1035, 1039 (9th Cir.1995) (internal citations omitted).

Here, examining…

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