Dotson v. Commissioner Social Security Administration, No. 2:2012cv00486 - Document 20 (D. Or. 2013)

Court Description: Opinion and Order.The ALJ's findings are supported by substantive evidence in the record, and the decision of the Commissioner is AFFIRMED. Signed on 8/1/2013 by Chief Judge Ann L. Aiken. (lg)

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Dotson v. Commissioner Social Security Administration Doc. 20 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON KENNETH D. DOTSON, Case No. 2:12-CV-00486-AA Plaintiff, OPINION AND ORDER v. CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant. Aiken, Chief Judge: Plaintiff brings this proceeding to obtain judicial review of the Commissioner's final decision denying plaintiff's application for disability insurance benefits. See 42 U.S.C. § 405(g). Plaintiff alleges disability since February 28, 2008, due to physical impairments resulting from migraines and regarding his hands, neck, and back. Tr. 37, 255. His application was denied initially and on reconsideration. After hearings at which plaintiff 1 - ORDER Dockets.Justia.com and vocational experts testified, administrative law judge plaintiff not disabled was (ALJ) issued within 14-30, 50-90, the decision finding that tr. a the meaning of the Social Security Act. Tr. 34-44. Plaintiff asserts that the ALJ erred by: 1) failing to credit the opinions of a treating physician; and 2) rejecting plaintiff's testimony. I find no error. First, opinion I of do not find that the ALJ improperly rejected the plaintiff's accepted several treating statements physician. Notably, of the physician, Dr. the Sandefur, ALJ in assessing plaintiff's residual functional capacity and rejected the assessment of an examining physician who found no basis for functional limitations. Tr. 40-41. Plaintiff appears to challenge the fact that the ALJ gave "almost no weight to Dr. medical source Plaintiff statement specifically from September 2010." Tr. objects to the ALJ' s Sandefur's 41, rejection 644-48. of Dr. Sandefur's opinion that plaintiff cannot lift more than ten pounds. Tr. 645. The ALJ found that the 2010 opinion was inconsistent with plaintiff's demonstrated abilities and based on plaintiff's subjective reports, which were deemed not credible. Tr. 41. The ALJ further noted that Dr. Sandefur's 2010 opinion "appeared to be more restrictive than his previous opinions, even though he repeatedly described the claimant's conditions as stable or improved." Tr. 41. I find that the ALJ's findings regarding Dr. Sandefur's 2010 2 - ORDER opinion are clear, particularly in convincing, light of and other supported medical by the evidence record, supporting plaintiff's ability to lift more than ten pounds and the nature of his daily activities. Tr. 41-42, 750-51, 763-64; Morgan v. Comm'r of Soc. Sec. Admin., 169 F. 3d 595, 599-600, Further, 602 (9th Cir. 1999). the ALJ provided a thorough discussion of the medical evidence and his findings, evidence cannot support and a differing interpretation of the reversal. Batson v. Comm' r Soc. Sec. Admin., 359 F.3d 1190, 1197-98 (9th Cir. 2004). Second, support his the ALJ provided clear and convincing reasons finding not that credible. Carmickle v. 1160 found (9th Cir. that testing, Comm'r, provided demonstrated Soc. testimony was Sec. Admin., wholly 533 F.3d 1155, 2008). The ALJ noted that an examining physician plaintiff's he plaintiff's to pain "presentation an inaccurate behaviors was inconsistent medical incongruent history, with his during and he underlying impairments." Tr. 42, 745-46. The ALJ further noted that plaintiff reported varying descriptions of his head injury, daily activities, five-mile alleged. hike, Tr. 42, and that his including household chores, photography, and a conflicted 2 67, 2 69, with 38 7, the 662. degree of disability These reasons are legally sufficient to support the ALJ's adverse credibility finding. Ill Ill 3 - ORDER he CONCLUSION The ALJ's findings are supported by substantive evidence in the record, and the decision of the Commissioner is AFFIRMED. IT IS SO ORDERED. DATED this Jay of 2013. Ann Aiken United States District Judge 4 - ORDER

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