Ormberg

Ormberg v. Astrue

Good Law
254 F. App'x 589
United States Court of Appeals for the Ninth CircuitNovember 14, 2007No. 06-35530California820 words

Opinion

Lead Opinion

Plaintiff Shawn Ormberg appeals the district court’s order affirming a denial of disability benefits under the Social Security Act, 42 U.S.C. §§ 401 ^434. Reviewing the decision of the administrative law judge (“ALJ”) for substantial evidence and legal error, Reddick v. Chater, 157 F.3d 715, 720 (9th Cir.1998), we affirm in part, reverse in part, and remand for further proceedings.

1. The ALJ did not err in discrediting Plaintiffs testimony regarding the extent of her pain, because he explained his partial adverse credibility finding with “specific, clear and convincing reasons.” Smolen v. Chater, 80 F.3d 1273, 1281 (9th Cir.1996). For instance, the ALJ’s findings that Plaintiffs daily activities were inconsistent with her complaints and that she did not assert a good reason for her failure to follow treatment recommendations were supported by substantial evidence.

2. The ALJ properly considered the residual functional capacity (“RFC”) specified by Drs. Regets and Peterson. The preliminary sections of the Mental Residual Functional Capacity form do not constitute the RFC assessment but merely a worksheet, with the actual assessment being the narrative at Section III of the form.…

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