Brickus

Brickus v. Commissioner of Social Security Administration

Good Law
289 F. App'x 225
United States Court of Appeals for the Ninth CircuitAugust 15, 2008No. 06-35617California527 words

Opinion

Lead Opinion

*227 MEMORANDUM ***

John Brickus appeals the district court’s judgment affirming the Commissioner of Social Security’s denial of his application for supplemental benefits. The ALJ held that Brickus could perform his past work as a home care provider and as a parking lot attendant.

Brickus testified that he had suffered from a head injury, vertigo, depression, hypertension and other symptoms triggered by stress. Brickus had been examined by a psychologist, Dr. Tongue, whose report supported to some extent Brickus’ claim of disabling mental impairment.

The medical reports of other professionals, however, who either saw Brickus or examined his records found that he was not significantly limited by his physical and mental impairments. Brickus sought treatment at Clackamas County Mental Health because of fears of further stress-related episodes, and, as the ALJ' noted, the therapist linked his three prior “stress breakdowns” to periods in which he had been drinking alcohol excessively.

The ALJ found the testimony of Brickus generally not credible, but also reviewed the medical reports of Dr. Tongue and others. The ALJ discredited Dr. Tongue’s opinion, not only because of its…

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