Howard

Howard v. Astrue

Good Law
330 F. App'x 128
United States Court of Appeals for the Ninth CircuitMay 14, 2009No. 08-35229California816 words

Opinion

Lead Opinion

MEMORANDUM **

Kevin Howard appeals the district court’s decision affirming the denial of his applications for disability insurance benefits and Supplemental Security Income under Titles II and XVI of the Social Security Act, 42 U.S.C. §§ 401-34 , 1381-83Í. *130 We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Howard argues that the ALJ failed to comply with the district court’s remand order by failing to order a consultative exam or to require a medical expert to testify with respect to his possible thrombus. More generally, Howard argues that the ALJ erred by failing to develop the record with respect to his possible thrombus. We disagree. The district judge ordered the ALJ to address only Howard’s possible thrombus and to clarify ambiguities in the record, which the ALJ did. The May 2001 MRA exam showed no thrombus, according to several doctors. Although Dr. Zivin’s July 2001 report could have been interpreted as again raising the possibility of a thrombus diagnosis, the ALJ gave clear and specific reasons for discrediting it. We hold that the ALJ sufficiently developed the record with respect to Howard’s possible thrombus and that substantial evidence supports the…

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