Castaneda
Castaneda v. Astrue
Opinion
Lead Opinion
MEMORANDUM **
The ALJ gave specific, clear, and convincing reasons for his adverse credibility determination, which was supported by substantial evidence in the record. See Lingenfelter v. Astrue, 504 F.3d 1028, 1036 (9th Cir.2007). Castaneda claimed he had difficulty standing and walking and that he used a cane and a back brace. The ALJ noted, however, that Castaneda was not using an ambulatory device or back brace at the hearing and that no doctor had prescribed the use of a cane. Cf. Verduzco v. Apfel, 188 F.3d 1087, 1090 (9th Cir.1999).
The ALJ was not required to call a medical expert to testify whether Castaneda’s impairment met or equaled Listing 1.04(A) or (C). According to Social Security Ruling (SSR) 96-6p, when the ALJ determines that an individual’s impairment is not equivalent to any listing, the ALJ may satisfy the duty to receive expert opinion evidence into the record by obtaining the signature of a state medical consultant on the appropriate form (Disability Determination and Transmittal Form, SSA-831U5). Here, the ALJ determined that Castaneda’s impairment was not equivalent to any listing because Castaneda did not have an inability to ambulate effectively as…