Oregon v. Barnhart
Oregon v. Barnhart
Opinion of the Court
MEMORANDUM
The Commissioner of Social Security determined that Claimant Cheryl Olson was ineligible for Supplemental Security Income benefits. Claimant appealed the finding that she was not disabled,
Claimant first argued that the ALJ erred in finding her not credible.
Claimant next asserted that the ALJ improperly discounted the testimony of two lay witnesses. The ALJ did, however, “give reasons that are germane to each witness.” Dodrill v. Shalala, 12 F.3d 915, 919 (9th Cir. 1993). First, he stated that the testimony of the witnesses was “influenced by their sympathy for the claimant.” Actual bias is germane to evaluating a witness’ testimony. Second, the ALJ stated that the lay witnesses’ testimony was contradicted by the medical evidence. That is a recognized basis to reject lay evidence. Lewis v. Apfel, 236 F.3d 503, 511 (9th Cir. 2001).
Next Claimant argued that the ALJ’s assessment of residual functional capacity was based on an insufficiently detailed analysis of Claimant’s nonexertional limitations. However, the ALJ did make specific findings in that regard; he found that Claimant could perform light work, that she could not be exposed to extremes of hot or cold temperatures or to environmental pollutants, and that she had moderate mental residual functional capacity limitations in five listed areas but could attend work every day on a regular basis.
Finally, Claimant argued that the ALJ erred by finding that she could perform her past relevant work as an industrial cleaner and odd-job worker. The ALJ noted that those jobs were unskilled, required only light exertion, and were within the functional capacity described to the vocational expert. Those findings described the demands of the past jobs and are supported by the record. The ALJ’s finding that Claimant remained capable of performing those jobs likewise was supported by the record.
AFFIRMED.
^his disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
. Claimant alleged disability due to suicidal depression, sexual and physical abuse, and drug abuse.
Reference
- Full Case Name
- State of OREGON v. Jo Anne B. BARNHART, Commissioner, Social Security Administration
- Cited By
- 1 case
- Status
- Published