Khanishian
Khanishian v. Astrue
Opinion
Lead Opinion
MEMORANDUM ***
Vartouhi Khanishian (“Khanishian”) appeals the district court’s judgment in favor *252 of the Commissioner of Social Security’s denial of her application for disability insurance and Supplemental Social Security Income benefits under Titles II and XVI of the Social Security Act. For the following reasons, we affirm.
Khanishian contends that the Administrative Law Judge (ALJ) rendered an erroneous credibility determination. In particular, she argues the ALJ offered four flawed reasons in support of his credibility finding. First, the ALJ found the claimant’s “credibility ... diminished by the lack of objective medical evidence to substantiate disability.” The claimant contends that this reason is flawed because the ALJ made a finding that she had a medically determinable impairment. The ALJ “is not required to believe a claimant’s pain testimony and ... may decide to disregard such testimony entirely whenever the claimant fails to submit objective medical findings establishing a medical impairment that could reasonably be expected to produce the claimed pain.” Cotton v. Bowen, 799 F.2d 1403, 1407 (9th Cir.1986). The claimant is correct in noting that the ALJ made a…
Concurring Opinion
Rymer, J.
concurring:
I concur for the additional reason that Khanishian failed to include the entire 641-page Certified Administrative Record (“CAR”) in the Excerpts of Record. See In re O’Brien, 312 F.3d 1135, 1137 (9th Cir.2002) (“failure to present a sufficient record can itself serve as a basis for summary affirmance”); Circuit Rule 30-1.1. The CAR contains all of the medical records and physician reports that Khanishian relies on to demonstrate that ALJ’s and magistrate judge’s respective orders were in error. Khanishian cited the CAR throughout her opening brief and it is clearly “necessary to the resolution of an issue on appeal.” Circuit Rule 30-1.4(a)(xi).