Rodriguez

Rodriguez v. Astrue

Good Law
279 F. App'x 512
United States Court of Appeals for the Ninth CircuitMay 22, 2008No. 07-55583California419 words

Opinion

Lead Opinion

MEMORANDUM *

Angel Rodriguez appeals the district court’s order affirming the Commissioner’s denial of Rodriguez’s application for disability benefits and supplemental security income under Titles II and XVI of the Social Security Act. Rodriguez argues on appeal that the ALJ improperly discredited his testimony regarding his subjective symptoms. Because mild retrolisthesis and mild degenerate change of the spine “could reasonably be expected to produce pain or other symptoms,” the Commissioner bore the burden of making “specific findings stating clear and convincing reasons” for rejecting Rodriguez’s testimony about the severity of his symptoms. Bat *513 son v. Comm’r, 359 F.3d 1190 , 1196 (9th Cir.2004) (internal quotations and citation omitted).

Rodriguez testified that he has intermittent back pain that becomes incapacitating about twice a month. He estimated that he can stand and walk for about two of eight hours, can sit for about one of eight hours, and can lift about ten pounds on a regular basis. In contrast, the physicians who conducted orthopedic examinations of Rodriguez opined that he retained the physical capacity to perform medium exertional-level work. Dr.…

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