Garcia

Garcia v. Astrue

Good Law
291 F. App'x 796
United States Court of Appeals for the Ninth CircuitJuly 29, 2008No. 06-17131California361 words

Opinion

Lead Opinion

MEMORANDUM **

Rosa Garcia appeals the district court’s order affirming the administrative law judge’s (ALJ) denial of disability benefits. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Substantial evidence in the record supports the ALJ’s rejection of the examining psychiatrist’s report in favor of the testimony of the non-examining psychologist. See Saelee v. Chater, 94 F.3d 520, 522 (9th Cir.1996) (per curiam). Additionally, the ALJ gave clear and convincing reasons for finding that Garcia was not a credible witness. See Morgan v. Cornm’r of the Soc. Sec. Admin., 169 F.3d 595, 599 (9th Cir.1999).

*798 In pressing her disability claim, Garcia relies on the report of Dr. Narvaiz, who indicated on a check-the-box form — without providing any details or analysis in the space available — that Garcia’s ability to “deal with work stresses” was “fair” or “poor to none,” or perhaps somewhere in between. We find this report of Garcia’s alleged disability to be inconclusive at best because the doctor checked multiple boxes when the- question called for one answer. See Morgan, 169 F.8d at 601.

Even if we accept that Dr. Narvaiz’s report could show that Garcia is disabled,…

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