Barragan

Barragan v. Astrue

Good Law
225 F. App'x 701
United States Court of Appeals for the Ninth CircuitMarch 22, 2007No. 05-55616California331 words

Opinion

Lead Opinion

MEMORANDUM ***

The administrative law judge (“ALJ”) gave specific, cogent reasons supported by substantial evidence for finding Barragan not credible, including her failure to document unsuccessful attempts to get treatment between 1994 and 1998, and her varying accounts of the origin of her injuries. See Lester v. Chater, 81 F.3d 821, 834 (9th Cir.1996). The ALJ’s rejeetion of Barragan’s claims of pain was also supported by substantial evidence, because the ALJ found that such claims were not supported by the available medical evidence. See Tidwell v. Apfel, 161 F.3d 599, 602 (9th Cir.1999).

The ALJ’s reliance on Dr. Knapp’s report was supported by substantial evidence because Barragan offered nothing to show it was fraudulent aside from her unsupported testimony and, as we have held, the ALJ permissibly found her not credible. Further, as Barragan did not argue that she had a right to cross examine Dr. Knapp before the district court, that argument has been waived. See Echazabal v. Chevron USA Inc., 336 F.3d 1023, 1035 (9th Cir.2003).

The ALJ’s decision to discount the opinions of Drs. Cohen and Flores was supported by substantial evidence. They were nontreating physicians…

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