Fajardo v. Apfel
Opinion of the Court
MEMORANDUM
Guadalupe Fajardo appeals the district court’s summary judgment order upholding the denial of her claim for disability insurance benefits and Supplemental Security Income benefits based on disability. We review the judgment of the district court de novo. Fair v. Bowen, 885 F.2d 597, 601 (9th Cir. 1989). We must affirm the findings of the Administrative Law Judge (“ALJ”) if they are free from legal error and supported by substantial evidence. Curry v. Sullivan, 925 F.2d 1127, 1129 (9th Cir. 1990).
The ALJ provided seventeen specific reasons for finding that Fajardo’s impairments were nonsevere. He relied on the opinions of three separate physicians who concluded that Fajardo retained the capacity to perform work-related activity. Although Fajardo’s treating physician concluded otherwise, “[wjhere the medical testimony is conflicting, ... it is the ALJ’s role to determine credibility and to resolve
Because the ALJ’s reasons for rejecting the opinion of Fajardo’s treating physician were specific, legitimate, and supported by substantial evidence in the record, we affirm the ALJ’s finding of a nonsevere impairment. See Miller v. Heckler, 770 F.2d 845, 849 (9th Cir. 1985).
AFFIRMED.
This disposition is not appropriate for publication and may not be cited to or by the courts in this circuit except as provided by Ninth Circuit Rule 36-3.
Reference
- Full Case Name
- Guadalupe FAJARDO v. Kenneth S. APFEL, Commissioner of Social Security
- Status
- Published