Spindel

Spindel v. Commissioner Social Security Administration

Good Law
333 F. App'x 174
United States Court of Appeals for the Ninth CircuitMay 21, 2009No. 07-35742California602 words

Opinion

Lead Opinion

MEMORANDUM *

The Administrative Law Judge’s (ALJ) decision is supported by substantial *176 evidence in the record. The ALJ did not err in discounting Dr. Dunlap’s opinion because it was conclusory and unsupported by clinical findings. Batson v. Comm’r of Soc. Sec. Admin., 359 F.3d 1190, 1195 (9th Cir.2004). Dr. Dunlap’s statements regarding Spindel’s substantial pain and restricted range of motion in his left shoulder were inconsistent with Dr. Barton’s statement that Spindel experienced minimal residual symptoms and only “occasional discomfort.” In addition, Dr. Dunlap’s statements regarding Spindel’s inability to function reliably due to drowsiness and poor concentration conflicted with Dr. Sandoval’s objective test results and report, which stated that Spindel maintained a high level of intellectual functioning over a sustained period of time. Finally, Dr. Dunlap’s conclusion did not take into account evidence that Spindel repeatedly stopped taking medications prescribed to control his psychological symptoms, and repeatedly refused treatment, issues the ALJ can consider in determining whether Spindel was disabled. See 20 C.F.R. § 404.1530 ; see also Warre v. Comm’r of Soc.…

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