Walker v. Barnhart
Walker v. Barnhart
Opinion of the Court
MEMORANDUM
Kent F. Walker appeals the district court’s decision affirming the Commissioner of Social Security’s denial of disability benefits for fibromyalgia and chronic fatigue syndrome. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
We review the district court’s order affirming the Commissioner’s denial of benefits de novo. Morgan v. Comm’r of Soc. Sec. Admin., 169 F.3d 595, 599 (9th Cir. 1999). We overturn the Commissioner’s decision “only if it is not supported by substantial evidence or is based on legal error.” Id. “Substantial evidence is relevant evidence which, considering the record as a whole, a reasonable person might accept as adequate to support a conclusion.” Thomas v. Barnhart, 278 F.3d 947, 954 (9th Cir. 2002).
Walker challenges two aspects of the Commissioner’s decision: the rejection of the testimony of his treating physician, Dr. Press, and the finding that his own testimony about his symptoms was not credible.
A treating physician’s opinion is entitled to more weight than the opinion of a non-treating physician. Andrews v. Shalala, 53 F.3d 1035, 1040-41 (9th Cir. 1995). However, the opinion of a non-treating physician may serve as substantial evidence for rejecting the testimony of a treating physician when the non-treating physician’s opinion is supported by independent clinical findings or other evidence in the record. Thomas, 278 F.3d at 957. Here, the opinion of the non-treating physician, Dr. Silverman, was supported by independent clinical findings and served as substantial evidence for the Commissioner to reject Dr. Press’s opinion. Moreover, the Commissioner appropriately discounted Dr. Press’s opinion because it was not adequately supported by clinical records or treatment records. Id.
If a claimant produces objective medical evidence of an underlying impairment, the Commissioner “may not reject a claimant’s subjective complaints based solely on a lack of objective medical evidence to fully corroborate the alleged severity of pain.” Bunnell v. Sullivan, 947 F.2d 341, 345 (9th Cir. 1991) (en banc). The adjudicator must then identify clear and convincing reasons for rejecting the claimant’s testimony. Lester v. Chater, 81 F.3d 821, 834 (9th Cir. 1995).
Walker produced objective medical evidence that he suffered fibromyalgia.
In summary, the ALJ’s decision to credit the opinion of Dr. Silverman above that of Dr. Press was supported by substantial evidence. The ALJ’s finding that Walker was not credible was also supported by substantial evidence. Accordingly, summary judgment was properly granted for the Commissioner.
AFFIRMED.
This 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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.