Astrue

Murphy v. Astrue

Good Law
245 F. App'x 602
United States Court of Appeals for the Ninth CircuitAugust 9, 2007No. 05-16462California427 words

Opinion

Lead Opinion

MEMORANDUM **

Appellant Terry G. Murphy (Murphy) appeals the district court’s decision affirming the final decision of the Social Security Administration which denied Murphy’s application for benefits and found that he was not disabled. Murphy contends the administrative law judge (ALJ) did not: (1) give adequate weight to his treating physicians; (2) give substantial weight to his mental health provider; (3) take into account lay testimony; and (4) assess his credibility properly. We have jurisdiction pursuant to 28 U.S.C. § 1291 and affirm in part, reverse in part, and remand for proceedings consistent with this Memorandum.

The ALJ’s decision gave clear reasons supported by substantial evidence for discounting the treating physicians’ opinions, including the fact that neither opinion was supported by objective medical evidence. See Montijo v. Sec’y of Health & Human Serv., 729 F.2d 599 (9th Cir.1984) (holding that an ALJ cannot reject uncontroverted opinions of a claimant’s physicians without presenting clear and convincing reasons for doing so).

The ALJ did not, however, properly address the evidence presented by Murphy’s mental health provider as an other source. See 20…

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