U.S. Court of Appeals for the Ninth Circuit, 2015

Christina Chappell v. Carolyn Colvin

Christina Chappell v. Carolyn Colvin
U.S. Court of Appeals for the Ninth Circuit · Decided December 17, 2015 · Hawkins, McKEOWN, Tallman
627 F. App'x 628

Christina Chappell v. Carolyn Colvin

Opinion

MEMORANDUM *

Plaintiff Christina M. Chappell appeals the district court’s decision affirming the Social Security Administration’s denial of disability benefits. We affirm.

*629 The Administrative Law Judge (“ALJ”) did not err at steps four and five, as she gave specific, legitimate reasons based on substantial evidence for giving greater weight to non-examining sources than to treating and examining sources; specific, clear, and convincing reasons for finding Chappell’s testimony not credible; and germane reasons for rejecting Chappell’s mother’s lay testimony. See Molina v. Astrue, 674 F.3d 1104, 1111-14 (9th Cir. 2012).

Although the ALJ erred at step three by relying on Dr. Moore’s testimony to find that Chappell did not meet Listing 12.04’s paragraph C criteria when Dr. Moore did not specifically testify about the paragraph C criteria, the error was harmless in light of the other evidence in the record. See id. at 1115.

AFFIRMED.

*

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

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