U.S. Court of Appeals for the Ninth Circuit, 2009

Stacey Brown v. Michael Astrue

Stacey Brown v. Michael Astrue
U.S. Court of Appeals for the Ninth Circuit · Decided December 15, 2009 · O'Scannlain, Rawlinson, Bea
356 F. App'x 997

Stacey Brown v. Michael Astrue

Opinion

MEMORANDUM **

Appellant Stacey Brown appeals the district court’s entry of summary judgment in favor of the Commissioner.

Substantial evidence supports the ALJ’s adverse credibility finding because he properly relied upon medical records of Brown’s examining physician, Dr. Chee, *998 that contradicted Brown’s testimony regarding the severity of her symptoms. See Carmickle v. Comm’r, Soc. Sec. Admin., 533 F.3d 1155, 1161 (9th Cir. 2008) (concluding that the ALJ’s adverse credibility determination was proper when it relied on the examining physician’s contradictory opinion). Because this is a valid basis supporting the ALJ’s decision, any error the ALJ made in improperly considering other evidence was harmless. See Bray v. Comm’r of Soc. Sec. Admin., 554 F.3d 1219, 1227 (9th Cir. 2009).

The ALJ’s assessment of Brown’s RFC was proper because once an adverse credibility determination is made, an ALJ is not required to credit that testimony in assessing a claimant’s RFC. See Bayliss v. Barnhart, 427 F.3d 1211, 1215, 1217 (9th Cir. 2005).

AFFIRMED.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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