Joyce Ryan-Werry v. Carolyn W. Colvin

641 F. App'x 684
CourtCourt of Appeals for the Ninth Circuit
DecidedJune 16, 2015
Docket13-35753
StatusUnpublished
Cited by1 cases

This text of 641 F. App'x 684 (Joyce Ryan-Werry v. Carolyn W. Colvin) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Joyce Ryan-Werry v. Carolyn W. Colvin, 641 F. App'x 684 (9th Cir. 2015).

Opinion

MEMORANDUM **

Joyce Ryan-Werry (“Ryan-Werry”) appeals from the district court’s order affirming the Administrative Law Judge’s (“ALJ”) denial of benefits. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

1. Ryan-Werry argues that the ALJ erred by according “little weight” to the opinions of three of her treating and examining physicians, Drs. John Daniel, Fletcher Taylor, and Loren McCollom, and by according “some weight” to another examining physician, Dr. Terilee Wingate. *686 Where, as here, “a treating or examining doctor’s opinion is contradicted by another doctor’s opinion, an ALJ may only reject it by providing specific and legitimate reasons that are supported by substantial evidence.” Chaudhry v. Astrue, 688 F.3d 661, 671 (9th Cir.2012) (citations, internal quotation marks, and alteration omitted).

a. The ALJ properly discredited Dr. Daniel’s opinion because his conclusions were inconsistent with Ryan-Werry’s own testimony. See Morgan v. Comm’r of Soc. Sec. Admin., 169 F.3d 695, 602-03 (9th Cir.1999) (upholding an ALJ’s rejection of a treating physician’s opinion where the “ALJ cited to testimony from [the claimant] that conflicted with the” physician’s testimony). For example, Dr. Daniel opined that Ryan-Werry would “not be able to perform” various functions with her hands, fingers, and arms “at all”—including “[f]ine[ly] [m]anipulat[ing]” her fingers, or grasping, turning, or twisting objects with her hands. This conclusion was contradicted by Ryan-Werry’s own testimony that she could dust, fold laundry, play the piano, and use the computer. Similarly, Dr. Daniel opined that Ryan-Werry could “rarely” turn her head right or left, look up, or hold her head in a static position. This conclusion was at odds with Ryan-Werry’s testimony that she could drive a car.

In addition, the. ALJ properly disregarded Dr. Daniel’s opinion because it was inconsistent with the medical record as a whole. See Tommasetti v. Astrue, 533 F.3d 1035, 1041 (9th Cir.2008) (“The incongruity between [a physician’s assessment] and [a claimant’s] medical records provides an additional specific and legitimate reason for rejecting [the physician’s] opinion of [the claimant’s] limitations.”). Among other inconsistencies, Dr. Daniel’s observations in his December 2009 assessment, including that Ryan-Werry’s neuro-pathy “affects her physical mobility,” and that she had “difficulty performing her day-to-day jobs,” were at odds with an evaluation performed when Ryan-Werry visited the emergency room, just two months prior, in which Ryan-Werry “reported no major physical problems,” denied that she had “loss of strength or sensation” and had no “problems walking.”

b. The ALJ also properly discredited Dr. Taylor’s opinion because it was inconsistent with Ryan-Werry’s own testimony. See Morgan, 169 F.3d at 602-03. Dr. Taylor opined that Ryan-Werry had “no useful ability” to, among other things, “maintain attention for two hour segment[s]”; that she was unable to “satisfactorily perform” a range of tasks, including “[r]emember[ing] work-like procedures,” “[m]ak[ing] simple work-related decisions,” “[a]ccept[ing] instructions,” and “[g]et[ting] along with coworkers or peers without unduly distracting them or exhibiting behavioral extremes”; and that she was “seriously limited” in her ability to understand and carry out “very short and simple instructions.” These conclusions were contradicted by Ryan-Werry’s own statements that she could follow recipes and spoken instructions, gets along with authority figures “OK,” and sends e-mails and sets up appointments on her computer.

Furthermore, the ALJ properly rejected Dr. Taylor’s conclusions because his assessment was performed at a time when Ryan-Werry was not taking her medication. “Impairments that can be controlled effectively with medication are not disabling for the purpose of determining eligibility for SSI benefits.” Warre v. Comm’r of Soc. Sec. Admin., 439 F.3d 1001, 1006 (9th Cir.2006). Accordingly, an evaluation (like Dr. Taylor’s) conducted at a time when Ryan-Werry was not completely on her medications undermines its *687 reliability, and the ALJ did not err by discrediting Dr. Taylor’s opinion for this reason.

c. The ALJ also properly rejected Dr. McCollom’s opinion because it contained several unexplained inconsistencies. See Bayliss v. Barnhart, 427 F.3d 1211, 1216 (9th Cir.2005) (holding that a discrepancy between a physician’s notes and his opinions as to a claimant’s capabilities was a specific and legitimate reason to reject the opinion). Among other things, Dr. McCollom’s observation that Ryan-Wer-ry’s cognitive and mental ability “to relate to others, including fellow workers and supervisors did not appear to be limited” was at odds with his recommendation that Ryan-Werry be restricted to jobs “in which she is limited in the amount of time she has to spend interacting with others.”

d. Finally, the ALJ properly accorded Dr. Wingate’s opinion “some weight.” Ryan-Werry argues that the ALJ erred by “failing to fully discuss and fully credit” Dr. Wingate’s “clinical findings and opinion,” and further erred by “failing to include in his residual functional capacity assessment all of the limitations Dr. Wingate described in her evaluation.” However, Ryan-Werry fails to identify which, if any, of Dr. Wingate’s findings the ALJ failed to “fully credit.” By and large, the 'ALJ’s residual functional capacity (“RFC”) assessment was consistent with Dr. Wingate’s assessment. Accordingly, the ALJ did not err in according Dr. Win-gate’s opinion “some weight.”

2. Next, Ryan-Werry argues that the ALJ erred by failing to discuss several items of evidence in assessing Ryan-Wer-ry’s RFC. In assessing the scope of a claimant’s disability, an ALJ is not required to discuss all evidence presented to him; rather, he need only touch upon “significant probative evidence.” Vincent v. Heckler, 739 F.2d 1393, 1395 (9th Cir.1984) (per curiam) (citation and internal quotation marks omitted). Ryan-Werry has offered no argument as to why the items of evidence she identifies are “significantly probative” of her RFC. Accordingly, the ALJ did not err by failing to discuss these items of evidence.

3. Ryan-Werry further argues that the ALJ erred by failing to “properly evaluate” Ryan-Werry’s testimony regarding her symptoms and limitations. Where, as here, a claimant “‘produce[s] objective medical evidence of an underlying impairment’ or impairments that could reasonably be expected to produce some degree of symptom,” an ALJ may reject a claimant’s testimony “ ‘about the severity of her symptoms only by offering specific, clear and convincing reasons for doing so,’ ” absent affirmative evidence of malingering. Tommasetti,

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641 F. App'x 684, Counsel Stack Legal Research, https://law.counselstack.com/opinion/joyce-ryan-werry-v-carolyn-w-colvin-ca9-2015.