Shubert v. Astrue
Shubert v. Astrue
Opinion of the Court
MEMORANDUM
Claimant Milan Shubert appeals the district court’s order affirming the administrative law judge’s (“ALJ”) denial of disability benefits under Title II of the Social Security Act, 42 U.S.C. § 401. The ALJ found that Claimant was not disabled as of his date last insured, December 31, 1999. We affirm.
On appeal, Claimant asserts six errors. Because two of the asserted errors were not raised before the district court, we address only the four that Claimant preserved. Sandgathe v. Chater, 108 F.3d 978, 980 (9th Cir. 1997) (per curiam).
1. An ALJ must provide clear and convincing reasons to reject a claimant’s testimony where (as here) there is no ma
2. To discount a lay witness’ testimony, an ALJ need only provide reasons that are relevant to that witness. Dodrill v. Shalala, 12 F.3d 915, 919 (9th Cir. 1993). In discounting the testimony of Claimant’s wife, the ALJ considered the same factors he considered in discounting Claimant’s testimony. The ALJ partially discounted the testimony of Claimant’s wife on the basis of contrary medical evidence. Lewis v. Apfel, 236 F.3d 503, 511 (9th Cir. 2001). The ALJ did not proffer additional reasons. But the fact that the same medical evidence was used to discredit Claimant’s testimony does not make it any less germane to discounting the testimony of Claimant’s wife.
3. An ALJ must give controlling weight to a treating physician’s opinion only when it is not inconsistent with other substantial evidence. 20 C.F.R. § 404.1527(d)(2). Because Dr. Kiel’s opinion is contradicted by Dr. Crossen’s testimony, the ALJ permissibly decided not to give Dr. Kiel’s opinion controlling weight. In addition, there was conflicting evidence from a number of other sources.
4. Dr. Starbird’s report is irrelevant to the issue whether Claimant was disabled before the date last insured. Dr. Starbird interviewed Claimant on September 6, 2001, nearly two years after Claimant’s date last insured, and assigned a functionality rating as of that interview date. Moreover, Dr. Starbird reviewed medical records only from 2000 and 2001. The fact that Dr. Starbird failed to even consider medical records from the period before December 31, 1999, is fatal to Claimant’s contention that Dr. Starbird’s report must bear on Claimant’s functional limitations.
AFFIRMED.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.