Hall

Hall v. Barnhart

Good Law
210 F. App'x 705
United States Court of Appeals for the Ninth CircuitDecember 12, 2006No. 04-56613California315 words

Opinion

Lead Opinion

MEMORANDUM *

Hall appeals from the district court’s order affirming the Administrative Law Judge’s (ALJ’s) denial of his disability benefits. He challenges the ALJ’s rejection of his physicians’ reports and his parents’ testimony. 1 The ALJ concluded that the reports and testimony were inconsistent with Hall’s employment history, with special emphasis on Hall’s seven-year employment at Sears.

The ALJ “must provide ‘clear and convincing’ reasons for rejecting the uncontradicted opinion” of a treating or examining doctor. Lester v. Chater, 81 F.3d 821, 830 (9th Cir.1995). He did so in this case. Dr. Schwartz described Hall as unable to fulfill the basic requirements of any job. However, Hall was employed at Sears for seven years and his condition has not materially changed since that time. The ALJ reasonably concluded that Sears would have terminated Hall had he truly been as incapable of performing work as Dr. Schwartz indicated.

In order to discount the testimony of a lay witness, the ALJ “must give reasons that are germane to each witness.” Dodrill v. Shalala, 12 F.3d 915, 919 (9th Cir.1993). Hall’s parents described Hall as completely unable to keep a job, even though he had,…

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