Montalvo

Montalvo v. Astrue

Good Law
237 F. App'x 259
United States Court of Appeals for the Ninth CircuitJune 21, 2007No. 05-16382California886 words

Opinion

Lead Opinion

MEMORANDUM *

Sandra Montalvo applied for Social Security Disability Insurance Benefits alleging disability due to fibromyalgia, migraine headaches, fatigue, low back pain, neck pain, and depression. 1 The ALJ denied her application and the agency denied her request for an appeal. Montalvo sought judicial review and the district court granted summary judgment to the Commissioner. We affirm.

1. Montalvo first challenges the ALJ’s discrediting of the opinions of her treating physicians. In order to reject those opinions in favor of contrary opinions of non-treating physicians, the ALJ must identify specific, legitimate reasons supported by substantial evidence in the record. Holohan v. Massanari, 246 F.3d 1195, 1203 (9th Cir.2001). The ALJ met this burden here. Because of the subjective nature of a diagnosis of fibromyalgia, the ALJ’s assessment of Montalvo’s credibility is relevant to her doctors’ diagnoses. Fair v. Bowen, 885 F.2d 597, 605 (9th Cir.1989). As discussed below, this assessment was not favorable. Moreover, the ALJ identified inconsistencies between the opinions of Montalvo’s treating physicians who offered differing assessments of her capabilities, and…

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