Raulerson v. Massanari

25 F. App'x 589
Court of Appeals for the Ninth Circuit·Decided December 28, 2001·No. No. 00-36057. D.C. No. CV-99-530-N-EJL·Published

Opinion

MEMORANDUM ***

Jennifer Raulerson appeals pro se from the district court’s judgment and order affirming the decision of the Commissioner of the Social Security Administration (“the Commissioner”). The Commissioner ruled that Raulerson was not entitled to child’s benefits under the Social Security Act, 42 U.S.C. § 402(d). Raulerson argues that the district court should have reversed the Commissioner’s decision be[591] cause the Administrative Law Judge (“ALJ”) improperly rejected the medical opinions she presented and failed to have a medical examiner testify at the hearing. In Raulersoris view, the ALJ should have awarded her benefits because the evidence established that she was disabled before age twenty-two. She also argues that her hearing before the magistrate judge was unfair. We have jurisdiction pursuant to 28 U.S.C. § 1291. We affirm.

On October 7, 1996, Raulerson, who was forty-five years old, applied for disabled adult child’s benefits on the account of her deceased father, Alfred Raulerson. She alleged that she was “emotionally handicapped” and had been disabled from July 15, 1968, when she was seventeen years old. The Social Security Administration (“SSA”) denied her application because there was insufficient evidence of her claimed disability. The SSA affirmed its decision on reconsideration. After a hearing, the ALJ also ruled against Raulerson. He found that Raulerson had failed to establish that she suffered “any severe medically determinable physical or mental impairment or combination of impairments” prior to reaching age twenty-two. Therefore, she was not “disabled” as defined by the Social Security Act and was not entitled to benefits. The Appeals Council declined to review the ALJ’s decision, which then became the final decision of the Commissioner.

Raulerson appealed to the district court. A magistrate judge recommended that the Commissioner’s decision be affirmed. The district court agreed and issued an order accepting the magistrate’s findings and conclusions and adopting them as its own. The district court entered its judgment on October 30, 2000.

This timely appeal followed. On appeal, Raulerson apparently argues that: 1) the ALJ improperly rejected the medical opinions of Michael Ambrosio, M.D., Robert Caldwell, M.D., and Louis Legum, Ph.D.; 2) there is not substantial evidence in the record supporting the Commissioner’s finding that she was not disabled prior to age twenty-two; 3) the ALJ had a duty to call a medical expert at the hearing and failed to do so; and 4) her hearing before the magistrate judge was unfair. We disagree.

I. ALJ’s Rejection of Medical Evidence

If an ALJ rejects the uncontroverted opinion of a treating physician, the ALJ must give “clear and convincing” reasons for doing so and the reasons must be supported by substantial evidence in the record. Holohan v. Massanari, 246 F.3d 1195, 1202 (9th Cir.2001) (citing Reddick v. Chater, 157 F.3d 715, 725 (9th Cir.1998)). Dr. Ambrosio was Raulersoris treating physician from age sixteen to twenty-two. He opined that she was suffering from “disabling conditions” during that time. The ALJ expressly rejected Dr. Ambrosio’s opinion because it was not supported by any diagnostic data or clinical findings. This is a clear and convincing reason for rejecting his opinion and it is supported by substantial evidence in the record. Dr. Ambrosio’s letter does not state what “disabling conditions” Raulerson suffered from between 1967 and 1973, nor does he state the clinical basis for his opinion. Most of his notes from her visits during that period are illegible, but she apparently saw him for common ailments such as earaches and poison ivy. Further, Raulerson herself could not state what “disabling conditions” Dr. Ambrosio diagnosed her with during that period. The ALJ did not err in rejecting Dr. Ambrosio’s opinion.

Dr. Caldwell examined Raulerson on December 17, 1996 and Dr. Legum examined her on February 3, 1998. On appeal, Raulerson argues that the ALJ failed to consider their opinions. In his report, the [592] ALJ summarized the present diagnoses that Drs. Caldwell and Legum gave, but ultimately found that the medical evidence did not indicate “the presence of a medically determinable physical or mental impairment or impairments” before Raulerson reached age twenty-two. The ALJ did consider Drs. Caldwell and Legum’s opinions but found that they were insufficient evidence of a severe impairment that began before Raulerson reached age twenty-two.

II. Substantial Evidence to Support the Commissioner’s Finding

We review a district court’s order upholding the Commissioner’s denial of benefits de novo. Edlund v. Massanari, 253 F.3d 1152, 1156 (9th Cir.2001). We will affirm the district court’s order if the Commissioner’s decision is supported by substantial evidence and the Commissioner applied the correct legal standards. Pagter v. Massanari, 250 F.3d 1255, 1258 (9th Cir.2001). Substantial evidence is relevant evidence that, when considered in light of the entire record, a reasonable person might accept as adequate to support the conclusion. Morgan v. Comm’r of Soc. Sec. Admin., 169 F.3d 595, 599 (9th Cir. 1999).

The disputed issue in the present case is whether, prior to age twenty-two, Raulerson suffered from a severe impairment or combination of impairments, i.e. whether her impairment or impairments significantly limited her ability to perform basic work. We agree with the district court that there is substantial evidence in the record supporting the Commissioner’s finding that Raulerson was not suffering from a severe impairment prior to age twenty-two.

The medical evidence Raulerson presented does not establish that she was suffering from a severe impairment. As discussed supra, the ALJ’s finding that Dr. Ambrosio’s opinion was not credible was based on clear and convincing reasons that are supported by substantial evidence in the record. Raulerson also argues that the opinions of Drs. Caldwell and Legum prove that she was disabled. However, both opinions dealt primarily with present diagnoses. Even where they do address the years in question, they do not establish that Raulerson was suffering from a severe impairment.

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Raulerson v. Massanari, 25 F. App'x 589 (9th Cir. 2001).

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