Rohrer

Rohrer v. Astrue

Good Law
279 F. App'x 437
United States Court of Appeals for the Ninth CircuitMay 16, 2008No. 06-56651California420 words

Opinion

Lead Opinion

MEMORANDUM **

Jerry Rohrer appeals the district court’s summary judgment affirming the Social Security Administration’s denial of his Title II disability benefits. We have jurisdiction pursuant to 28 U.S.C. § 1291 and review the district court’s decision de novo. Batson v. Comm’r of Soc. Sec. Admin., 359 F.3d 1190, 1193 (9th Cir.2004). We affirm the Commissioner because he applied the correct law and substantial evidence supports the decision. Id.

Rohrer argues that the ALJ erred by rejecting his subjective testimony regarding the extent of his pain-caused functional limitations from August 1998 through November 30, 2001. Rohrer’s serious impairments “could reasonably be expected to produce pain or other symptoms” and there was no evidence of malingering. Therefore, the ALJ could reject Rohrer’s testimony about the severity of his symptoms only with “specific findings stating clear and convincing reasons.” Batson, 359 F.3d at 1196 (internal quotation marks omitted). The ALJ advanced clear and convincing reasons supported by substantial evidence in the record to support his findings, concluding that Rohrer’s testimony was inconsistent with his testimony about his daily…

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