Simmons v. Astrue

Filing 23

ORDER ; Defendant's decision denying benefits is affirmed; Clerk directd to enter judgment. Signed by Magistrate Judge Charles R Pyle on 2/9/2012. (SMBE)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Anthony Simmons,
Plaintiff,

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No. CV-09-00540-TUC-CRP
ORDER

vs.
Michael J. Astrue, Commissioner of Social
Security,
Defendant.

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Anthony Simmons is 53 years old. He has worked as a switchboard operator,

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hotel engineer, and telemarketer. He suffers, among other things, from degenerative joint

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and disc disease of the spine, chronic pain, and depression.

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Mr. Simmons has applied for social security benefits multiple times. His first

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application was denied by an administrative law judge (“ALJ”), who found that he had

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the residual functional capacity (“RFC”) to perform sedentary work. Doc. 13, Tr. 46-55.

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The second application was denied on the ground that there had been no change in his

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condition. Tr. 153-56. Those decisions have not been appealed.

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With respect to the third application (Tr. 196-98, 724-25), Mr. Simmons claims to

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be disabled as of October 1, 2004 (Tr. 163). An ALJ issued an unfavorable decision on

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October 24, 2006. Tr. 73-79. The Appeals Council remanded the case for further

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consideration of Plaintiff’s depression, his subjective complaints, lay witness statements,

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the opinion of a nurse practitioner, and vocational evidence. Tr. 81-83. A hearing before

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the ALJ was held on November 5, 2008. Tr. 774-815. The ALJ issued a second decision

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on March 24, 2009, finding Mr. Simmons not to be disabled within the meaning of the

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Social Security Act. Tr. 17-30. This decision became Defendant’s final decision when

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the Appeals Council denied review. Tr. 6-9.

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Mr. Simmons then brought this action for judicial review pursuant to 42 U.S.C.

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§ 405(g). Doc. 1. The issues are fully briefed. Docs. 18, 19, 20. Oral argument has not

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been requested. For reasons that follow, the Court will affirm Defendant’s decision

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denying benefits.

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I.

Standard of Review.

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The Court has the “power to enter, upon the pleadings and transcript of record, a

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judgment affirming, modifying, or reversing the decision of the Commissioner of Social

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Security, with or without remanding the cause for a rehearing.” 42 U.S.C. § 405(g). The

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decision denying benefits “should be upheld unless it is based on legal error or is not

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supported by substantial evidence.” Ryan v. Comm’r of Soc. Sec., 528 F.3d 1194, 1198

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(9th Cir. 2008). “This is a highly deferential standard of review: ‘Substantial evidence’

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means more than a mere scintilla, but less than a preponderance. It means such relevant

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evidence as a reasonable mind might accept as adequate to support a conclusion.”

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Valentine v. Comm’r Soc. Sec. Admin., 574 F.3d 685, 690 (9th Cir. 2009) (quotation

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marks and citation omitted).

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II.

Discussion.

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Whether a claimant is disabled is determined using a five-step evaluation process.

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To establish disability, the claimant must show he has not worked since the alleged

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disability onset date, he has a severe impairment, and his impairment meets or equals a

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listed impairment or his RFC precludes him from performing past work. Where the

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claimant meets his burden, the Commissioner must show that the claimant is able to

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perform other work. 20 C.F.R. §§ 404.1520, 416.920; see Valentine, 574 F.3d at 689.

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Plaintiff has not worked since the alleged onset date. Tr. 19, ¶ 2. He has multiple

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severe impairments: status post back surgery, cervical degenerative joint disease, cervical

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and lumbar degenerative disc disease, adhesive capsulitis of the right shoulder, status post

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left meniscectomy, chronic pain syndrome, depressive disorder, and alcohol-induced

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amnestic disorder. Tr. 19-23, ¶ 3. Those impairments do not meet or equal a listed

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impairment. Tr. 23, ¶ 4. Plaintiff is not disabled, the ALJ found, because he has the RFC

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to perform certain sedentary work, including his past job as a telemarketer. Tr. 24-29,

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¶¶ 5-6.

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Plaintiff claims that the ALJ erred by adopting the opinion of examining

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psychologist Dr. James Armstrong as the basis for the mental RFC determination. More

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specifically, Plaintiff contends that the ALJ improperly rejected the opinions of nurse

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practitioner Valerie Kading and examining psychologist Dr. Jill Caffrey and that Dr.

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Armstrong’s opinion is not otherwise supported by substantial evidence. Doc. 18 at

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10-21. Plaintiff further contends that the ALJ erred in concluding that he can do his past

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work as generally performed. Id. at 21-22.

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Defendant argues that the ALJ did not err and his decision is supported by
substantial evidence. Doc. 19. The Court agrees.

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A.

Medical Opinions.

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Dr. Armstrong, a licensed psychologist, reviewed medical records and examined

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Plaintiff on July 16, 2008. Tr. 617. Plaintiff scored 27 out of 30 on the Folstein mental

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status test, a score within normal limits. Tr. 622. He was diagnosed with moderate

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depression, pain disorder, mild alcohol-induced amnestic disorder, and alcohol and

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cocaine abuse, reported to be in remission. Tr. 623.

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In a medical source statement concerning the ability to do work-related activities,

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Dr. Armstrong opined that Plaintiff has moderate limitations in the ability to make

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judgments on complex decisions and understand, remember, and carry out complex

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instructions. Tr. 624. He further opined that Plaintiff has only mild limitations with

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respect to simple decisions and instructions and the ability to interact appropriately with

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others. Tr. 624-25.

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After having considered multiple opinions concerning Plaintiff’s psychological

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condition – three by examining psychologists, two by consulting psychiatrists, and one by

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a nurse practitioner – the ALJ decided to adopt the opinion of Dr. Armstrong. Tr. 28.

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Plaintiff makes several arguments as to why the adoption of that opinion is erroneous.

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None has merit.

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Plaintiff first argues that the ALJ improperly discounted the opinion of nurse

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practitioner Valerie Kading, who, along with other staff members, treated Plaintiff at

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CODAC Behavioral Health Services. Doc. 18 at 12-15. In a mental RFC assessment

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dated January 13, 2006, Ms. Kading noted that Plaintiff had experienced significant

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psychological stressors in the past year, including the death of family members, and

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suffers from chronic depressed mood. Tr. 594. She opined that Plaintiff is markedly

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limited in his ability to maintain attention and concentration, to work within a schedule

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and maintain regular and punctual attendance, and to complete a normal workweek and

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perform at a consistent pace without interruptions from psychological symptoms. Tr.

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592-93.

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Under the relevant regulations, nurse practitioners are listed among the examples

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of “other” medical sources. 20 C.F.R. §§ 404.1513(d)(1), 416.913(d)(1).

Nurse

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practitioners, unlike licensed psychologists such as Dr. Armstrong, generally do not

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qualify as “acceptable medical sources.” 20 C.F.R. §§ 404.1513(a), 416.913(d)(a). The

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distinction between “other sources” and “acceptable medical sources” is significant

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because only opinions from acceptable medical sources may be considered “treating

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source” opinions deserving of “special weight.” 20 C.F.R. §§ 404.1502, 416.902; see

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Register v. Astrue, No. CV-10-2749-PHX-LOA, 2011 WL 6369766, at *9-10 (D. Ariz.

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Dec. 20, 2011) (distinguishing between “other sources” and those entitled to “treating-

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source” status); Embrey v. Bowen, 849 F.2d 418, 421 (9th Cir. 1988) (noting that

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opinions of treating physicians are entitled to “special weight”).

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The medical records from CODAC (Tr. 530-71, 686-708) do not show, and

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Plaintiff does not otherwise assert, that nurse practitioner Kading worked closely with,

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and under the supervision of, a licensed psychologist or physician. See Taylor v. Comm’r

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of Soc. Sec. Admin, 659 F.3d 1228, 1234 (9th Cir. 2011); Gomez v. Chater, 74 F.3d 967,

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971 (9th Cir. 1996). Ms. Kading, therefore, is not an acceptable medical source. See

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Register, 2011 WL 6369766, at *9-11. Her opinion properly may be discounted for

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“germane” reasons. Id. at *11 (citing Lewis v. Apfel, 236 F.3d 503, 511 (9th Cir. 2001));

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see also Turner v. Comm’r of Soc. Sec., 613 F.3d 1217, 1224 (9th Cir. 2010); Dodrill v.

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Shalala, 12 F.3d 915, 919 (9th Cir. 1993).

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The ALJ gave little weight to the opinion of Ms. Kading on the ground that she

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failed to distinguish between effects of depression and those of substance abuse and

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fleeting life stressors. Tr. 29. The ALJ also noted that the same month Ms. Kading

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found marked limitations, CODAC progress notes show that Plaintiff was “high in spirits

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– believ[ing] that things are finally coming together.” Tr. 708. The Court agrees with

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Defendant (Doc. 19 at 10-11) that those are germane reasons for discounting Ms.

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Kading’s opinion.

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(discrepancy between a doctor’s opinion and his clinical notes constitutes a “clear and

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convincing reason” for not relying on the opinion); Connett v. Barnhart, 340 F.3d 871,

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875 (9th Cir. 2003) (ALJ properly rejected physician’s opinion where it was contradicted

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by treatment notes); Weetman v. Sullivan, 877 F.2d 20, 23 (9th Cir. 1989) (substantial

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evidence supported decision to discount doctor’s opinion where it was inconsistent with

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medical notes); Betts v. Astrue, No. CV-10-02189-PHX-NVW, 2011 WL 3681561, at *5

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(D. Ariz. Aug. 23, 2011) (ALJ did not err in declining to give a nurse practitioner’s

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“other source” opinion greater weight than those of acceptable medical sources where

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there were inconsistencies between the nurse’s RFC assessment and progress notes).

See Bayliss v. Barnhart, 427 F.3d 1211, 1216 (9th Cir. 2005)

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Noting that he was depressed and dysphoric in December 2006 (Tr. 562) and

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angry after the denial of his claim for benefits (Tr. 700, 703), Plaintiff asserts that Ms.

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Kading’s opinion accurately reflects his mood over a long period of time. Doc. 18 at 14.

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But even if this were a reasonable interpretation of the medical record, the question is not

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whether Ms. Kading’s opinion is supported by substantial evidence. Rather, the relevant

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question is whether the ALJ’s decision to adopt the opinion of Dr. Armstrong over that of

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Ms. Kading is supported by substantial evidence – that is, “such relevant evidence as a

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reasonable mind might accept as adequate to support [the ALJ’s] conclusion.” Valentine,

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574 F.3d at 690. The Court answers in the affirmative.

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Plaintiff contends that pursuant to Social Security Ruling 96-5p, 1996 WL 374183

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(July 2, 1996), the ALJ was required to recontact Ms. Kading for clarification as to

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whether she distinguished between effects of depression and those of substance abuse and

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fleeting life stressors. Doc. 18 at 13. But the duty to recontact does not apply to the

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“other source” opinion provided by Ms. Kading. Ruling 96-5p, by its express terms, is

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limited to recontacting “treating sources.” SSR 96-5p, 1996 WL 374183, at *6; see

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Billings v. Astrue, No. CV 08-518-N-CWD, 2010 WL 1248258, at *6 (D. Idaho Mar. 23,

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2010).

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The ALJ, according to Plaintiff, violated Social Security Ruling 06-03p, 2006 WL

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2329939 (Aug. 9, 2006). Although Ruling 06-03p discusses the importance of “other

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source” evidence in establishing disability, nowhere does it purport to overrule the

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regulations’ classification of nurse practitioners as “other sources.” The Ruling makes

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clear that the distinction between “acceptable medical sources” and “other” healthcare

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providers is an important one given that “only ‘acceptable medical sources’ can give us

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medical opinions” and “only ‘acceptable medical sources’ can be considered treating

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sources[.]” SSR 06-03p, 2006 WL 2329939, at *2; see Nestle v. Astrue, No. 10-6203-JE,

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2011 WL 7082542, at *13 (D. Or. Dec. 30, 2011).

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Contrary to Plaintiff’s assertion (Doc. 18 at 13), Ruling 06-03p does not require

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the ALJ to evaluate the opinion of Ms. Kading – an “other source” healthcare provider –

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according to the factors set out in 20 C.F.R. §§ 404.1527(d) and 416.927(d). The Ruling

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makes clear that those factors “apply only to the evaluation of medical opinions from

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‘acceptable medical sources[.]’” SSR 06-03p, 2006 WL 2329939, at *4. Moreover, as

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explained more fully above, the ALJ provided “good reasons” for discounting Ms.

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Kading’s opinion. 20 C.F.R. §§ 404.1527(d)(2), 416.927(d)(2); see Docs. 18 at 13, 20

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at 3.

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Plaintiff further argues that in adopting the opinion of Dr. Armstrong, the ALJ

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improperly discounted the opinion of examining psychologist Dr. Jill Caffrey. Doc. 18

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at 18-19. Dr. Caffrey examined Plaintiff on February 7, 2006, diagnosing him with major

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depressive order and rule-out cognitive disorder, not otherwise specified. Tr. 604-07. In

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a medical source statement concerning the ability to do work-related activities, Dr.

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Caffrey opined that Plaintiff has moderate limitations in the ability to understand,

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remember, and carry out detailed instructions, to make simple work-related decisions, to

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maintain attention and concentration for extended periods, to work within a schedule and

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maintain regular and punctual attendance, to complete a normal workweek and perform

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at a consistent pace without interruptions from psychological symptoms, and to respond

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appropriately to changes in the work setting. Tr. 598-603.
The ALJ discounted Dr. Caffrey’s opinion because it is based, at least in part, on

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misinformation.

Tr. 29.

Plaintiff reported to Dr. Caffrey that he “last worked in

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approximately 1993 or 1994[.]” Tr. 605. Plaintiff in fact worked for another decade.

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Tr. 190, 782-83. He reported having last used illicit drugs in 1970 “when he was using

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marijuana” (Tr. 605), but tested positive for cocaine in 2005 (Tr. 548, 800). The ALJ

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noted, correctly, that Plaintiff’s lack of candor could have affected Dr. Caffrey’s

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evaluation of him.

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legitimate reasons” for discounting Dr. Caffrey’s opinion, and those reasons are

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supported by substantial evidence. Lester v. Chater, 81 F.3d 827, 830 (9th Cir. 1995);

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see Sandgathe v. Chater, 108 F.3d 978, 980 (9th Cir. 1997) (ALJ did not err in

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discounting examining physician’s opinion where it was based in part on the claimant’s

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exaggerated claims).

Tr. 29.

The Court finds that the ALJ provided “specific and

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Plaintiff contends that pursuant to 20 C.F.R. § 404.1512(e), the ALJ should have

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recontacted Dr. Caffrey to resolve any ambiguities in her opinion. Doc. 18 at 19. But

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that “regulation applies only to a ‘treating’ source,” not examining sources such as Dr.

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Caffrey. Thomas v. Barnhart, 278 F.3d 947, 958 (9th Cir. 2002); see Billings, 2010 WL

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1248258, at *6. Moreover, the duty to recontact is triggered “only when the evidence

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from the treating medical source is inadequate to make a determination as to the

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claimant’s disability.” Thomas, 278 F.3d at 958. The ALJ found the evidence, including

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the opinion of Dr. Caffrey, adequate to make a determination regarding Plaintiff’s

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disability. Tr. 17-30. He therefore had no duty to recontact Dr. Caffrey. See Thomas,

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278 F.3d at 958; Bayliss, 427 F.3d at 1217; Billings, 2010 WL 1248258, at *6.

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Plaintiff further argues that Dr. Armstrong’s opinion is not supported by

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substantial evidence.

Doc. 18 at 15-18.

Citing a letter authored by Dr. Caffrey

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(Tr. 745-46), Plaintiff claims that Dr. Armstrong’s own psychological testing undermines

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his opinion concerning cognitive abilities.

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Armstrong’s narrative report (Tr. 617-23), Dr. Caffrey speculated that the 27 out of 30

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score on the Folstein mental status test “may not be correct,” that Plaintiff “likely lost”

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between one and three points on word recall trials, and that it “may well be the case” that

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Plaintiff has greater limitations than those assessed by Dr. Armstrong. Tr. 745-46. Dr.

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Caffrey also had “concerns” about Plaintiff’s well-being and decision-making abilities,

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noting that he had reported having homicidal and suicidal thoughts. Tr. 46; see Tr. 21-

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22, 621.

Doc. 18 at 15-17.

Referencing Dr.

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Speculation by one doctor that another doctor’s opinion may be without merit does

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not render that opinion unsupported by substantial evidence. Dr. Armstrong’s opinion

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concerning Plaintiff’s mental RFC was based on more than the results of the Folstein test.

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His psychological examination encompassed many factors, including an evaluation of

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Plaintiff’s appearance, his hearing, vision, and speech, his insight, judgment, and

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memory, his alertness and orientation, and his emotional state.

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Armstrong further considered Plaintiff’s history of mental health treatment, interpersonal

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relations, daily activities, and family psychological history. Tr. 619-23. Aside from the

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Folstein test results, Dr. Armstrong found “no significant difficulty in [Plaintiff]

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attending to [the] interview and tracking questions.” Plaintiff “responded to questions

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with no significant latency.” Tr. 621. The Court finds that Dr. Armstrong’s opinion is

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supported by substantial evidence. Cf. Tonapetyan v. Halter, 242 F.3d 1144, 1149 (9th

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Cir. 2001) (doctor’s opinion alone constituted substantial evidence where it rested on his

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Tr. 617-22.

Dr.

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own independent examination of the claimant); Cashin v. Astrue, No. EDCV 09-161 JC,

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2010 WL 749884, at *7 (C.D. Cal. Feb. 24, 2010) (“The opinions of [the two doctors]

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were supported by each examining psychologists’ independent clinical findings, and thus

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constituted substantial evidence[.]”).

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Finally, Plaintiff argues that the ALJ erred in adopting the opinion of Dr.

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Armstrong because it is not supported by “other substantial evidence.” Doc. 18 at 19.

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The relevant inquiry is not whether substantial evidence conflicts with a medical opinion,

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but instead whether the ALJ’s decision to adopt the opinion is supported by substantial

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evidence – that is, evidence which is “more than a mere scintilla, but less than a

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preponderance.” Valentine, 574 F.3d at 690. Dr. Armstrong’s opinion is supported by

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more than a scintilla of evidence, including his own clinical findings.

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With respect to the purported “other substantial evidence,” Plaintiff claims that lay

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evidence does not support the opinion of Dr. Armstrong. Doc. 18 at 19-21. Plaintiff’s

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friend, Mary Cline, completed a function report in November 2004.

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Testimony from friends of the claimant constitutes competent evidence and therefore

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cannot be disregarded without comment. Stout v. Comm’r Soc. Sec. Admin., 454 F.3d

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1050, 1053 (9th Cir. 2006). If the ALJ wishes to discount the testimony of lay witnesses,

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“‘he must give reasons that are germane to each witness.’” Id. (citation omitted).

Tr. 276-84.

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The ALJ has met his burden with respect to Ms. Cline. She stated that she had

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known Plaintiff for six years and that during that entire time “he’s been disabled.”

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Tr. 276-77. Noting, correctly, that Plaintiff had worked and earned substantial income

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between 2000 and 2003 (Tr. 190), the ALJ found that Ms. Cline “does not understand

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what is required to qualify for disability under the Social Security Act and Regulations.”

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Tr. 26. This is a legitimate reason germane to Ms. Cline. The ALJ did not err in

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deciding to adopt Dr. Armstrong’s medical opinion despite the testimony of Ms. Cline.

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This is true even if, as Plaintiff asserts (Doc. 20 at 2), Dr. Armstrong did not explicitly

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mention lay testimony in his report.

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Ms. Cline’s statement that Plaintiff had been “disabled” prior to the alleged onset

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date, Plaintiff asserts, could also be taken to mean that he was having problems working.

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Doc. 20 at 6. “Although Plaintiff may interpret the evidence differently, it is the province

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of the ALJ to analyze the testimony.” Edwards v. Astrue, No. 1:09cv1002 DLB, 2010

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WL 2942081, at *12 (E.D. Cal. July 23, 2010).

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statement is reasonable and, therefore, will not be disturbed. Plaintiff asserts that the ALJ

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could have subpoenaed Ms. Cline (Doc. 20 at 6), but presents no legal authority or

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argument that the ALJ erred in failing to do so.

His interpretation of Ms. Cline’s

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Plaintiff references a field office report dated July 11, 2003 (Tr. 295-97), in which

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social security employee Dora Walker noted that Plaintiff was uncooperative and rude.

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Doc. 18 at 20. To the extent the ALJ erred by not commenting on those observations, the

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error is harmless.

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This Circuit has held that “where the ALJ’s error lies in a failure to properly

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discuss competent lay testimony favorable to the claimant, a reviewing court cannot

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consider the error harmless unless it can confidently conclude that no reasonable ALJ,

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when fully crediting the testimony, could have reached a different disability

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determination.”

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observations, the Court is confident that no reasonable ALJ could have found Plaintiff to

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be disabled. Ms. Walker explicitly noted “no physical or mental impairment.” Tr. 297.

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She further observed that Plaintiff had no difficulty hearing, reading, understanding,

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concentrating, talking, or answering questions. Tr. 296. The fact that Plaintiff was rude

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and uncooperative with Ms. Walker does support a finding of disability. Nor does it

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undermine the clinical findings and opinion of Dr. Armstrong. See Doc. 20 at 2.

Stout, 454 F.3d at 1056.

Even when crediting Ms. Walker’s

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Plaintiff challenges the opinion of examining psychologist Dr. James Rau

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(Tr. 399-402), asserting that his “optimistic assessment of [Plaintiff’s] mental health

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turned out to be false.” Doc. 18 at 21. But Dr. Rau’s opinion was given weight by the

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ALJ only “to the extent consistent with Dr. Armstrong’s more specific limitations.”

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Tr. 28. Dr. Rau’s opinion in no way undermines that of Dr. Armstrong.

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“The ALJ is responsible for resolving conflicts in the medical record.” Carmickle

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v. Comm’r, Soc. Sec., 533 F.3d 1155, 1164 (9th Cir. 2008). “Where the evidence is

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susceptible of more than one rational interpretation, it is the ALJ’s conclusion which

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must be upheld.” Gallant v. Heckler, 753 F.2d 1450, 1453 (9th Cir. 1984). The Court

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concludes that the ALJ “acted in accordance with his responsibility to determine the

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credibility of medical evidence.” Thomas, 278 F.3d at 958. His decision to adopt the

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opinion of Dr. Armstrong is supported by substantial evidence.

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B.

Past Work.

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After having considered the medical evidence and record as a whole, and having

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heard vocational expert testimony (Tr. 802-15), the ALJ determined that Plaintiff has the

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RFC to perform his past work as a telemarketer. Tr. 24-29, ¶¶ 5-6. The ALJ erred,

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Plaintiff contends, because he made no finding that Plaintiff can type at a competitive

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speed and failed to address Plaintiff’s migraine headaches and poor vision. Doc. 18

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at 22.

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Plaintiff’s alleged inability to type and headaches are based solely on his hearing

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testimony. Tr. 814. That testimony was found by the ALJ to be not fully credible.

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Tr. 24-26. Plaintiff does not challenge this finding.

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Plaintiff asserts that the ALJ did not specifically address the ability to type (Doc.

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20 at 8), but “in interpreting the evidence and developing the record, the ALJ does not

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need to ‘discuss every piece of evidence.’” Howard v. Barnhart, 341 F.3d 1006, 1012

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(9th Cir. 2003) (citation omitted). “The ALJ’s decision reflects that he considered the

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record as a whole and weighed the functional assessments contained in [P]laintiff’s

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mental health records in both assessing [his] RFC and finding that [he] could perform his

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past work.” Wade v. Astrue, N. 2:10-cv-01153 KJN, 2011 WL 4500863, at *4 (E.D. Cal.

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Sept. 27, 2011).

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Moreover, the regulations make clear that all physical and mental impairments

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“must be established by medical evidence consisting of signs, symptoms, and laboratory

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findings, not only by [the claimant’s] statement of symptoms.” 20 C.F.R. §§ 404.1508,

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416.908; see Ukolov v. Barnhart, 420 F.3d 1002, 1005 (9th Cir. 2005). The alleged

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1

in
nability to type and headaches – unsupported by me
h
edical evid
dence – do not render

2

er
rroneous th ALJ’s finding tha Plaintiff is able t perform his past work as a
he
at
f
to
m

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te
elemarketer
r.

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Medical records show repo of poor vision (Tr 429, 545), but Plain
s
orts
r
r.
ntiff did no
ot

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te
estify that vision prob
blems, stan
nding alone would p
e,
preclude him from wo
m
orking as a

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te
elemarketer Instead, Plaintiff stated that “w
r.
watching th screens on the com
he
mputer gives

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[h
him] migra
aine headac
ches.” Tr. 814. As e
explained a
above, Plain
ntiff has presented no
o

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medical evid
m
dence estab
blishing mig
graine head
daches as an impairment. Nor do he asser
n
oes
rt

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th his visio problems cannot be solved thro
hat
on
s
ough use of corrective lenses.
f

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Plaint bears th burden of establishi disabilit by showi that he is unable to
tiff
he
o
ing
ty
ing
o

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perform his past work because of a physica or menta impairme
al
al
ent. See 20 C.F.R. §§
§

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404.1520, 416.920; Val
lentine, 574 F.3d at 68 He has not met hi burden. Nor has the
4
89.
s
is
e

13

ALJ failed to make app
A
t
propriate fi
indings to e
ensure that Plaintiff ca do his p work as
an
past

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generally performed.

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II
II.

Conc
clusion.

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Becau substan
use
ntial evidenc supports the ALJ’s decision a the ALJ committed
ce
s
s
and
J
d

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no legal erro the deci
n
or,
ision denyin benefits must be a
ng
s
affirmed. S Ryan v. Comm’r of
See
f

18

Soc. Sec., 528 F.3d 11
S
194, 1198 (9th Cir. 20
(
008). The Court ther
refore need not decide
d
e

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whether the case should be remand for furth proceed
w
d
ded
ther
dings or an award of benefits.

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S
ED:
IT IS ORDERE

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1.

Defendan decision denying b
nt’s
n
benefits is a
affirmed.

22

2.

The Clerk is directed enter judg
k
d
gment accor
rdingly.

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d
ay
uary, 2012.
Dated this 9th da of Febru

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