Joyce Redmond v. Carolyn Colvin

U.S. Court of Appeals for the Ninth Circuit
Joyce Redmond v. Carolyn Colvin, 644 F. App'x 796 (9th Cir. 2016)

Joyce Redmond v. Carolyn Colvin

Opinion

MEMORANDUM **

Joyce Redmond appeals the district court’s judgment affirming the Commissioner of Social Security’s denial of Redmond’s application for disability insurance benefits under Title II of the Social Security Act. Redmond alleged disability due to degenerative disc disease, obstructive sleep apnea, myofascial pain, gastroeso-phageal reflux disease, and obesity. We have jurisdiction under 28 U.S.C § 1291. We review de novo, Molina v. Astrue, 674 F.3d 1104, 1110 (9th Cir. 2012), and we affirm.

The administrative law judge (“ALJ”) provided specific, clear, and convincing reasons for finding that Redmond was not fully credible. First, the ALJ permissibly relied on Redmond’s inconsistent statements, primarily concerning her ability to walk, in finding her not fully credible. Burrell v. Colvin, 775 F.3d 1133, 1137-38 (9th Cir. 2014). Second, the ALJ properly relied on Redmond’s conservative level of treatment in finding her less than fully credible concerning her alleged total dis *797 ability. See Parra v. Astrue, 481 F.3d 742, 751 (9th Cir. 2007) (holding that evidence of conservative treatment may be “sufficient to discount a claimant’s testimony regarding severity of an impairment”).

The ALJ was not required to obtain additional testimony from a medical expert. Redmond’s contention — that the ALJ erred by not calling a medical expert to interpret the significance of imaging studies of Redmond’s spine in October 2011 — is without merit. The record shows that the ALJ considered the 2011 imaging studies, and the ALJ was within her purview in analyzing and weighing the evidence. See Burch v. Barnhart, 400 F.3d 676, 681 (9th Cir. 2005).

Accordingly, substantial evidence supports the ALJ’s determination that Redmond was not disabled within the meaning of the Social Security Act.

AFFIRMED.

**

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

Reference

Full Case Name
Joyce REDMOND, Plaintiff-Appellant, v. Carolyn W. COLVIN, Acting Commissioner of Social Security, Defendant-Appellee
Status
Unpublished