Opinion · Court of Appeals for the Ninth Circuit

Ernest A. BRAWNER, Plaintiff-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellee

839 F.2d 432

Type
Opinion
Court
Court of Appeals for the Ninth Circuit
Jurisdiction
Federal
Date
1988-01-29
Topic
general

How later courts describe this case

  • concluding any error ALJ committed in classifying claimant’s past work as “light” was harmless where record supported ALJ’s finding that claimant could perform other light work
  • misrepresentations made by claimant in the course of pursuing disability benefits justifies the rejection of claimant’s credibility
  • where physicians’ opinions were based on the claimant’s own complaints rather than on clinical or other reliable evidence, and the claimant’s conduct undermined his credibility, it was not error to reject those opinions

Citator

UpLaw has not yet analyzed Ernest A. BRAWNER, Plaintiff-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellee. The absence of a flag is not a finding that it is good law.

Cited by
536 opinions
BRAWNER v. SECRETARY OF HEALTH HUMAN SERV.,839 F.2d 432(9th Cir. 1988)
ERNEST A. BRAWNER, PLAINTIFF-APPELLANT, v. SECRETARY OF HEALTH AND HUMAN
SERVICES, DEFENDANT-APPELLEE.
No. 87-5767.
United States Court of Appeals, Ninth Circuit.
Submitted November 3, 1987.fn*
Memorandum November 5, 1987.
Order and Opinion January 29, 1988.
Page 433
Edmund Parent, Santa Barbara, Cal., for plaintiff-appellant.

David R. Mazzi, Asst. Regional Counsel, Dept. of Health and Human Services, San Francisco, Cal., for defendant-appellee.
Appeal from the United States District Court for the Central District of California.
Before TANG, WIGGINS and KOZINSKI, Circuit Judges.
PER CURIAM:
[1] Ernest Brawner appeals from the district court's decision upholding the determination of the Secretary of Health and Human Services that Brawner was not entitled to disability insurance benefits. "The Secretary's decision denying benefits will be disturbed only if it is not supported by substantial evidence or it is based on legal error."Green v. Heckler,803 F.2d 528, 529 (9th Cir. 1986) (citation omitted);seeSocial Security Act § 205(g),42 U.S.C. § 405(g) (1982). We review the district court's decision de novo.Gamer v. Secretary of Health HumanServs.,815 F.2d 1275, 1278 (9th Cir. 1987).

[2] Brawner previously applied for disability benefits under Title II of the Social Security Act in 1980. On April 23, 1982, the first administrative law judge (ALJ) ruled that he was not disabled. Brawner did not appeal, and that decision precludes him from arguing that he was disabled as of that date.Green,803 F.2d at 530. Moreover, the decision creates a presumption that he was able to work beyond that date.Id.; Miller v. Heckler,770 F.2d 845, 848 (9th Cir. 1985). Brawner has the burden of proving "`changed circumstances,' i.e., showing that his impairments have become more severe since the date of the earlier decision."Green,803 F.2d 530 (quotingTaylor v. Heckler,765 F.2d 872, 875 (9th Cir. 1985)). The ALJ and district court concluded that he had not met that burden.

[3] Brawner contends that the ALJ failed to state sufficient reasons for rejecting the credibility of both his wife and himself. The district court, which adopted the Report and Recommendation of the magistrate, found that the absence of clinical or other objective justification for Brawner's claims, as well as Brawner's misrepresentations and falsification of records in the course of pursuing disability benefits, amply supported the ALJ's finding that "[n]either the claimant nor his spouse were credible in their assertions as to the severe pain and substantial work limitations alleged by the claimant." Administrative Record at 34. We give great weight to an ALJ's credibility assessment.Nyman v. Heckler,779 F.2d 528, 531 (9th Cir. 1986). After carefully reviewing the record, we find that the ALJ's findings were supported by substantial evidence.

[4] Similarly, Brawner contends that the ALJ did not state sufficient reasons for rejecting the opinions of certain treating physicians. The ALJ may only disregard the opinion of a treating physician if there are specific and legitimate reasons based on substantial evidence,Cotton v. Bowen,799 F.2d 1403, 1408 (9th Cir. 1986), and he must set forth a thorough summary of the facts and conflicting clinical evidence used in reaching that decision,Murray v. Heckler,Page 434722 F.2d 499, 502 (9th Cir. 1983). The ALJ found that the opinions of the physicians cited by Brawner, to the extent that they were relevant to the short period in question, were not based on clinical or otherwise reliable evidence, but on Brawner's own complaints. Because Brawner's conduct undermined his credibility, it was reasonable to question the reliability of a physician's opinion based only on Brawner's complaints. The ALJ's opinion was replete with medical and other factual evidence justifying his conclusion, and the district court found that the record provided more than adequate support for his findings. We agree.

[5] Finally, Brawner contends that the ALJ erred in classifying his past relevant work as "light." Even if the ALJ erred in this respect, he also found that Brawner was able to perform other light work and was therefore not disabled. Any such error was therefore harmless and establishes no cause for remand.

[6] AFFIRMED.
  1. The panel finds this case appropriate for submission without oral argument pursuant to Ninth Circuit Rule 34-4 and Fed.R.App.P. 34(a). ↩