Khalid Hamed v. Nancy Berryhill
Opinion
MEMORANDUM **
Appellant Khalid Ahmad Hamed applied for Social Security disability insurance benefits and supplemental security income. He alleged a disability stemming from a variety of ailments, including hepatitis B (which then led to cirrhosis, an enlarged spleen, and a platelet deficiency), chronic swelling in his right leg, and back and neck pain. An Administrative Law Judge (“ALJ”) found that although Hamed’s conditions were severe, he could still perform certain kinds of work. In reaching this conclusion, the ALJ discounted the opinion offered by Dr. Samir Azzam, one of Hamed’s treating physicians, and relied instead on the opinions of Drs. D. Chan and Irvine Belzer, neither of whom actually treated or examined Hamed. The ALJ’s denial of Hamed’s application was affirmed by the district court.
This appeal followed. We have jurisdiction pursuant to 28 U.S.C, § 1291 and
Hamed raises a single contention on appeal: that the ALJ erred by discounting the opinion of Dr. Azzam, in favor of the opinions of non-treating, non-examining physicians. “As a general rule, more weight should be given to the opinion of a treating source than to the opinion of doctors who do not treat the claimant.”
Turner v. Comm’r of Soc. Sec.,
Here, the opinion of Dr. Azzam, the treating physician, was contradicted by the opinions of Drs. Chan and Belzer, even though they all relied on the same clinical findings. Thus, under Andrews and Om, the dispositive question is whether the ALJ gave “specific, legitimate reasons” for discounting Dr, Azzam’s opinions.
The ALJ gave two such reasons. First, she determined that Dr. Azzam’s opinion was unsupported by the record. This alone is sufficient,
See Tommasetti v. Astrue,
Thus, the ALJ adequately explained her reasons for discounting Dr. Azzam’s testimony.
The judgment of the district court is AFFIRMED.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
Reference
- Full Case Name
- Khalid Ahmad HAMED, Plaintiff-Appellant, v. Nancy A. BERRYHILL, Acting Commissioner Social Security, Defendant-Appellee
- Status
- Unpublished