Opinion · Court of Appeals for the Ninth Circuit

Mark Chesler v. Carolyn Colvin

649 F. App'x 631

Type
Opinion
Court
Court of Appeals for the Ninth Circuit
Jurisdiction
Federal
Date
2016-05-13
Topic
general

holding that “the record support[ed] the ALJ’s conclusion that [the claimant’s] mental health symptoms were situational” | holding that the ALJ satisfied the clear and convincing reasons standard and recognizing that “the record support[ed] the ALJ’s conclusion that [the plaintiff’s] mental health symptoms were situational” | concluding symptom testimony was 11 properly rejected in part because “the record support[ed] the ALJ’s conclusion that 12 [plaintiff’s] mental health symptoms were situational” | concluding symptom 13 testimony properly rejected in part because “the record support[ed] the ALJ’s 14 conclusion that [plaintiff’s] mental health symptoms were situational” | concluding symptom testimony was properly rejected in part because 3 “the record support[ed] the ALJ’s conclusion that [plaintiff’s] mental health 4 symptoms were situational” | concluding 8 symptom testimony properly rejected in part because “the record support[ed] the 9 ALJ’s conclusion that [plaintiff’s] mental health symptoms were situational” | concluding symptom testimony properly rejected in part 13 because “the record support[ed] the ALJ’s conclusion that [plaintiff’s] mental health 14 symptoms were situational” | holding symptom testimony was properly rejected where claimant’s mental health symptoms were situational | finding “the record supports the ALJ’s conclusion that [the plaintiff’s] mental health symptoms were situational, and so unlikely to persist once [the plaintiff’s] circumstances improved” | affirming an ALJ’s finding that a 5 claimant’s allegations were “contradicted by his continual search for work and his ability to work 6 whenever he could find a job” | affirming an ALJ’s 16 discounting of Plaintiff’s testimony and medical opinions where “the record supports the ALJ’s 17 conclusion that Chesler’s mental health symptoms were situational, and so unlikely to persist 18 once Chesler’s circumstances improved” | symptom testimony properly rejected in part because “the record support[ed] the ALJ’s 26 conclusion that [claimant’s] mental health symptoms were situational” | symptom testimony properly rejected in part because “the record support[ed] 15 the ALJ’s conclusion that [plaintiff’s] mental health symptoms were situational” | symptom testimony properly rejected in part because “the record 4 support[ed] the ALJ’s conclusion that [plaintiff’s] mental health symptoms were 5 situational” | symptom testimony properly rejected in part because “the record 11 support[ed] the ALJ's conclusion that [plaintiff's] mental health symptoms were 12 situational” | symptom testimony 9 properly rejected in part because “the record support[ed] the ALJ’s conclusion that 10 [plaintiff’s] mental health symptoms were situational” | symptom testimony properly rejected in part 23 because “the record support[ed] the ALJ's conclusion that [plaintiff's] mental health symptoms 24 were situational” | symptom testimony properly 14 rejected in part because “the record support[ed] the ALJ’s conclusion that 15 [plaintiff’s] mental health symptoms were situational” | symptom testimony properly rejected in part because “the record support[ed] the 1 2 ALJ’s conclusion that [plaintiff’s] mental health symptoms were situational” | symptom testimony 14 properly rejected in part because “the record support[ed] the ALJ’s conclusion that 15 [plaintiff’s] mental health symptoms were situational” | symptom testimony 18 properly rejected in part because “the record support[ed] the ALJ’s conclusion that 19 [plaintiff’s] mental health symptoms were situational” | symptom testimony properly rejected in part because “the 8 record support[ed] the ALJ’s conclusion that [plaintiff’s] mental health symptoms 9 were situational” | symptom testimony properly rejected in part because “the 15 record support[ed] the ALJ’s conclusion that [plaintiff’s] mental health symptoms 16 were situational”

Citator

Cited by
25 opinions

MEMORANDUM **

Mark S. Chesler appeals the district court’s judgment affirming the Commissioner’s denial of his application for Social Security, and Supplemental Security Income, disability benefits because he did not have a severe impairment. We have jurisdiction under 28 U.S.C. § 1291 and, reviewing the ALJ’s decision for substantial evidence, Molina v. Astrue, 674 F.3d 1104, 1110 (9th Cir.2012), we affirm.

1.Substantial evidence supports the ALJ’s finding at Step 2 that Chesler’s medically determinable impairments were not severe. First, the medical opinions support the ALJ’s determination that Chesler was able to perform basic work activities. Second, during the relevant time period, Chesler was actively looking for work and worked whenever- he could locate a job. When he worked, his condition improved; however, when he was out of work, his condition worsened.

2. The ALJ provided specific, clear and convincing reasons for rejecting Chesler’s subjective symptom- testimony. See Burrell v. Colvin, 776 F.3d 1133, 1136 (9th Cir.2014). First, the record supports the ALJ’s conclusion that Chesler’s mental health symptoms were situational, and so unlikely to persist once Chesler’s circumstances improved. Second, the ALJ found that Chesler’s symptom testimony was contradicted by his continual search for work and his ability to work whenever he could find a job. Even assuming that the ALJ erred in rejecting Chesler’s symptom testimony for other reasons, any error was harmless. See Batson v. Comm’r of Soc. Sec. Admin., 359 F.3d 1190, 1197 (9th Cir.2004) (holding that where one of an ALJ’s several reasons supporting an adverse credibility finding is held invalid, the error is harmless if it “does not negate the validity of the ALJ’s ultimate conclusion that [the claimant’s testimony] was not credible”).

3. The ALJ did not err in not fully crediting the medical opinions. First, the ALJ fully credited the opinions of Dr. Anjan Sattar, Chesler’s treating physician, and Dr. Patrick Radecki, the consultative examiner. Second, the ALJ considered and credited the limitations noted by Dr. Michael Brown and Dr. Rita Flanagan concerning Chesler’s cognitive and social impairments, but only to the extent their opinions demonstrated that his limitations were primarily situational, which is supported by the record. Third, the ALJ provided specific and legitimate reasons for rejecting the opinions of Dr. Janis Lewis because they were internally inconsistent. See Tommasetti v. Astrue, 533 F.3d 1035, 1041 (9th Cir.2008). Dr. Lewis’ *633 opinion was also contradicted by other contemporaneous records. Lastly, the ALJ provided germane reasons for rejecting Chesler’s global assessment of functioning scores of 48-50 that were assessed by his clinicians. See Molina, 674 F.3d at 1111.

AFFIRMED.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.