Harris v. Barnhart
Harris v. Barnhart
Opinion of the Court
MEMORANDUM
We affirm the judgment of the district court.
I. The ALJ’s Development of The Record
Whether the ALJ had a duty to request medical source statements is irrelevant to the relief Harris seeks: a remand for an award of benefits or, alternatively, a remand with instructions to the ALJ to consider the report by Dr. Berselli that Harris submitted to the Appeals Council. Thus, we need not decide whether an ALJ conducting a disability hearing has an affirmative duty to request medical source statements — a question not yet resolved in any of this circuit’s published opinions. We only need to consider whether the Berselli report warrants a remand.
II. The Berselli Report Does Not Warrant a Remand
A. Remand For an Award of Benefits
Smolen v. Chater,
B. Remand for Consideration of the Berselli Report
A remand to the ALJ to consider the Berselli report is not warranted. We remand disability determinations for consideration of new evidence such as the Ber-selli report only if the new evidence “is material and [ ] there is good cause for the failure to incorporate such evidence into the record in a prior proceeding.”
1. Materiality.
New evidence meets the materiality requirement if it “bear[s] directly and substantially on the matter in dispute” and “there is a reasonable possibility that the new evidence would have changed the outcome” in the administrative adjudication.
The fact that the new medical report stated that Harris is “disabled” is of no special significance and does not control the ALJ’s decision.
2. Good Cause.
Harris has not explained his failure to submit the Berselli report to the ALJ, nor is any explanation apparent from the record. Thus, Harris has not shown good cause for his failure to provide the ALJ with the Berselli report.
III. The ALJ Properly Discredited Part of Harris’s Testimony
Harris argues that the ALJ should not have discredited portions of Harris’s testimony. However, substantial evidence
IV. The ALJ Considered Psychological Factors Regarding Harris’s Pain
The record includes a detailed psychological evaluation, and the ALJ expressly stated that he considered the “combination of [Harris’s] physical and mental impairments as they affect his capacity to work.” Harris is thus incorrect in asserting that the ALJ did not consider the possibility of a psychological basis for Harris’s perception of pain. In addition, Harris has cited no evidence affirmatively indicating that his pain had a psychological basis. Thus, substantial evidence supports the ALJ’s implicit conclusion that Harris’s pain did not have a psychological basis.
V. The ALJ Did Not Reject Any of Dr. Feldman’s Medical Opinions
The “Personal” section of Dr. Feldman’s report appears to recite background information supplied by Harris. In contrast, the “Physical Examination” and “Impression” sections contain Dr. Feldman’s medical observations and conclusions. These sections make no reference to a disabling back problem. Thus, substantial evidence supports the conclusion that the “disabled” statement in the “Personal” section was an assertion Harris made to Dr. Feldman, not one of Dr. Feldman’s medical opinions. Accordingly, the ALJ did not improperly reject any of Dr. Feldman’s medical opinions.
VI. The ALJ Did Not Err in Formulating The Vocational Hypothetical
“[T]he [vocational] hypothetical posed must include ‘all of the claimant’s functional limitations, both physical and mental’ supported by the record.”
AFFIRMED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by Ninth Circuit Rule 36-3.
. 80 F.3d 1273 (9th Cir. 1996).
. 8 F.3d 1449 (9th Cir. 1993).
. 81 F.3d 821 (9th Cir. 1995).
. See Smolen, 80 F.3d at 1292; Ramirez, 8 F.3d at 1455; Lester, 81 F.3d at 834.
. We discuss the ALJ's rejection of part of Harris’s testimony infra.
. Harman v. Apfel, 211 F.3d 1172, 1179 (9th Cir.), cert. denied, 531 U.S. 1038, 121 S.Ct. 628, 148 L.Ed.2d 537 (2000).
. Booz v. Secretary of Health and Human Services, 734 F.2d 1378, 1380 (9th Cir. 1984) (quoting 42 U.S.C. § 405(g)) (emphasis in original); see also Burton v. Heckler, 724 F.2d 1415, 1417-18 (9th Cir. 1984) (explaining the materiality and good cause requirements).
. Booz, 734 F.2d at 1380 (emphasis in original) (internal quotation marks and citations omitted).
. See Social Security Ruling 96-5p, 1996 WL 374183, at *2 (July 2, 1996) ("However, treating source opinions on issues that are reserved to the Commissioner are never entitled to controlling weight or special significance.”); see also Thomas v. Barnhart, 278 F.3d 947, 956 (9th Cir. 2002) ("In Morgan, we held that ‘the opinion of the treating physician is not necessarily conclusive as to either the physical condition or the ultimate issue of disability.' [Morgan v. Comm'r of the Social Sec. Admin., 169 F.3d 595, 600 (9th Cir. 1999)].”)
. See Thomas, 278 F.3d at 956-57 (" ‘When • there is conflicting medical evidence, the Secretary must determine credibility and resolve the conflict’ ”) (quoting Matney v. Sullivan, 981 F.2d 1016, 1019 (9th Cir. 1992)).
. See Macri v. Chater, 93 F.3d 540, 544 (9th Cir. 1996).
. See Thomas, 278 F.3d at 954 (stating that district court's judgment affirming an ALJ’s denial of disability benefits is affirmed if the ALJ’s decision is supported by substantial evidence).
. See Smolen, 80 F.3d at 1283-84 (holding that an ALJ may reject a claimant's testimony regarding the severity of symptoms only if the ALJ makes specific findings, stating clear and convincing reasons).
. Thomas, 278 F.3d at 956 (quoting Plores v. Shalala, 49 F.3d 562, 570-71 (9th Cir. 1995)).
. Id. (internal quotation marks omitted).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.