Astrue

Smith v. Astrue

Good Law
256 F. App'x 902
United States Court of Appeals for the Ninth CircuitNovember 15, 2007No. 05-17379California621 words

Opinion

Lead Opinion

MEMORANDUM ***

Claudia Smith appeals the district court’s order affirming an Administrative Law Judge’s (“ALJ’s”) denial of her application for disability insurance benefits and supplemental security income disability benefits under Titles II and XVI of the Social Security Act, 42 U.S.C. §§ 423 , 1381a. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm. Substantial evidence supports the ALJ’s finding that Smith’s Residual Functional Capacity (“RFC”), see 20 C.F.R. § 404.1545 , allows her to perform tasks associated with her past relevant work as a cashier, see id. §§ 404.1560, 404.1565.

The ALJ offered specific, clear and convincing reasons for partially rejecting Smith’s testimony regarding the severity of her subjective symptoms. See Smolen v. Chater, 80 F.3d 1273, 1284 (9th Cir.1996). The ALJ found that, while Smith “alleged extreme allegations in sitting, standing and walking[,] ... the clinical findings in the record show primarily muscle tenderness and some limitation in motion.” The ALJ found that “[fjollowing her successful bypass surgery and loss of weight, the medical record shows that she had an improvement in her pain symptoms,” and that Smith’s treating…

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