Spindel v. Commissioner Social Security Administration
Spindel v. Commissioner Social Security Administration
Opinion of the Court
MEMORANDUM
The Administrative Law Judge’s (ALJ) decision is supported by substantial
The ALJ considered appropriate factors and gave clear and convincing reasons for refusing to credit Spindel’s testimony as to the severity of his symptoms. See Orn v. Astrue, 495 F.3d 625, 635 (9th Cir. 2007). The ALJ’s rejection of Spin-del’s claim that he could function well for only one hour per day was supported by evidence of Spindel’s consistent intellectual performance in the high-average to superi- or range over four hours of testing on two separate occasions, and the ALJ’s rejection of Spindel’s claim of constant drowsiness was supported by Spindel’s testimony that he could safely drive ten to fifteen miles per week. See id. at 639. Moreover, the ALJ’s adverse credibility determination was supported by Dr. Sandoval’s treatment notes, which indicated that Spin-del “may have exaggerated his symptoms to some extent,” and by evidence that Spindel stopped taking prescribed antidepressant medications and resisted certain medical treatments. An “unexplained, or inadequately explained, failure to seek treatment or follow a prescribed course of treatment” can cast doubt on a claimant’s sincerity. Fair v. Bowen, 885 F.2d 597, 603 (9th Cir. 1989).
Finally, the ALJ did not err in basing her decision on the hypothetical posed to the vocational expert. Although the hypothetical did not contain all of the impairments that Spindel claims limit his ability to work, the ALJ had no obligation to include limitations identified in reports of treating physicians or limitations based on Spindel’s subjective testimony, both of which the ALJ had discredited. The ALJ may rely on testimony the vocational expert provides in response to a hypothetical that “contained all of the limitations that the ALJ found credible and [was] supported by substantial evidence in the record.” Bayliss v. Barnhart, 427 F.3d 1211,
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.