Raymond Parent v. Michael Astrue

MEMORANDUM **

Parent appeals the district court’s judgment affirming the Commissioner of Social Security’s final administrative decision denying his second application for disability insurance benefits and supplemental security income on the ground that he was not disabled under the Social Security Act. We have jurisdiction over this timely appeal pursuant to 28 U.S.C. § 1291 , and we affirm.

Parent raises three issues, each of which we address in turn.

Adverse Credibility Finding

As part of the Administrative Law Judge’s determination at step four that Parent had the residual functional capacity to perform light work, the ALJ was required to assess his alleged pain and symptoms arising from his impairments. As the ALJ explained, he was obliged to “evaluate the intensity, persistence, and limiting effects of the claimant’s symptoms to determine the extent to which they limit the claimant’s functioning.” And, to the extent Parent’s statements were not substantiated by objective evidence, the ALJ had to make a “finding on the credibility of the statements based on a consideration of the entire case record.”

After so doing, the ALJ concluded that Parent’s “medically determinable…

concurring in part and dissenting in part.

I concur in the majority’s conclusion that the ALJ’s decision to discredit Parent’s testimony is supported by substantial evidence. I disagree, however, with the majority’s determination that the ALJ did not err in rejecting Dr. Forney-Gorman’s opinion.

A treating physician’s opinion is entitled to special weight because a treating physician “is employed to cure and has a greater opportunity to know and observe the patient as an individual.” Andrews v. Shalala, 53 F.3d 1035, 1041 (9th Cir.1995) (quoting Magallanes v. Bowen, 881 F.2d 747, 751 (9th Cir.1989)). Thus, to reject a treating physician’s opinion, an ALJ must “ ‘make[ ] findings setting forth specific, legitimate reasons for doing so that are based on substantial evidence in the record.’ ” Valentine v. Comm’r Soc. Sec. Admin., 574 F.3d 685, 692 (2009) (quoting Thomas v. Barnhart, 278 F.3d 947, 957 (9th Cir.2002)). An ALJ can only meet this burden “by setting out a detailed and thorough summary of the facts and conflicting clinical evidence, stating [his] interpretation thereof, and making findings.” Tommasetti v. Astrue, 533 F.3d 1035, 1041 (9th Cir.2008) (quoting Magallanes,…

FILED

NOT FOR PUBLICATION APR 08 2013

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

RAYMOND M. PARENT, No. 11-35843

Plaintiff - Appellant, D.C. No. 9:10-cv-00144-JCL

v.

MEMORANDUM*

MICHAEL J. ASTRUE, Commissioner of Social Security,

Defendant - Appellee.

Appeal from the United States District Court for the District of Montana Jeremiah C. Lynch, Magistrate Judge, Presiding

Argued and Submitted November 8, 2012 Portland, Oregon

Before: RIPPLE,** TROTT, and PAEZ, Circuit Judges.

Parent appeals the district court’s judgment affirming the Commissioner of

Social Security’s final administrative decision denying his second application for

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The Honorable Kenneth F. Ripple, Senior Circuit Judge for the United States Court of Appeals for the Seventh Circuit, sitting by designation. disability insurance benefits and supplemental security income on the ground that

he was not disabled under the Social Security Act.…