Bickell

Dissenting.

I dissent. The majority notes that the ALJ may consider inconsistent statements *279 in the claimant’s testimony to determine credibility, but the ALJ must also give “specific, convincing reasons for rejecting the claimant’s subjective statements.” Tonapetyan v. Halter, 242 F.3d 1144, 1148 (9th Cir.2001). In this case, the ALJ’s reasons for discrediting Biekell’s testimony about the severity of his symptoms are unconvincing. Indeed, the primary inconsistency the ALJ relied on in discrediting Bickell’s testimony was the “dramatic shift” in Bickell’s reporting of his back pain-related symptoms between being cleared for work by Dr. Glassman on September 26, 2001, and his first interview with Dr. Seals on October 1, 2001. Yet Bickell was treated by Dr. Glassman, an orthopedist, solely for a leg injury, while Dr. Seals treated Bickell’s back pain. It was not inconsistent for each doctor to report exclusively on his or her area of expertise. See Widmark v. Barnhart, 454 F.3d 1063, 1068 (9th Cir.2006) (finding that it is not unreasonable to expect that physicians who focus on one area of the body should not express opinions on other areas of the body).

The ALJ also…

MEMORANDUM **

Edwin C. Bickell appeals from the district court’s affirmance of the final decision by the Commissioner of Social Security denying Bickell’s application for disability and supplemental security income benefits. 1 We affirm.

The administrative law judge (ALJ) provided specific, clear and convincing reasons for discrediting Bickell’s testimony about the severity of his symptoms. Inconsistencies and a tendency to exaggerate provide a valid basis for discrediting the testimony of a claimant. Tonapetyan v. Halter, 242 F.3d 1144, 1148 (9th Cir. 2001). First, the ALJ noted discrepancies in Bickell’s explanation of his March 2001 termination from his job in Idaho. Second, the ALJ noted the “dramatic shift” in the reporting of Bickell’s back-pain-related symptoms between being cleared for work by Dr. Glassman on September 26, 2001 and his first interview with Dr. Seals on October 1, 2001. And third, the ALJ noted numerous inconsistencies and exaggerations in Bickell’s interview with Dr. Moul-ton. These provide clear and convincing reasons for discrediting Bickell’s subjective complaints. In light of these valid reasons to discredit Bickell, his other assignments of error as…