LAW.coLAW.co

BOND v. SAUL (2021)

United States Court of Appeals, Ninth Circuit.2021-03-05No. No. 20-35496

Summary

Holding. The court affirmed the ALJ's decision, finding that substantial evidence supported the rejection of Bond's testimony about symptom severity, the discounting of lay and medical witness statements based on contradiction with the medical record, and the limited weight given to opinions that conflicted with clinical findings or other medical evidence.

Bond appealed an administrative denial of disability benefits, challenging the Administrative Law Judge's credibility findings and weighing of medical evidence. The ALJ rejected Bond's testimony about pain intensity and functional limitations because her statements contradicted objective medical findings—for instance, Bond claimed she needed to elevate her legs several hours daily for swelling, but medical records showed no edema or related signs. The ALJ also discounted supporting statements from Bond's son and a nurse practitioner because they relied on or corroborated Bond's own inconsistent account, and gave limited weight to a psychologist's opinion about mental health limitations because his conclusions conflicted with his own clinical observations and other medical evidence.

The court found that the ALJ properly applied established standards for evaluating testimony and medical opinions. An ALJ may reject a claimant's subjective statements when they contradict the medical record, and may discount lay witness accounts and nurse practitioner opinions on the same basis. The ALJ was not required to adopt restrictions proposed by treating physicians where they did not indicate the claimant was unable to work without those specific accommodations. Substantial evidence in the record supported each credibility determination and evidentiary weighing.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

  • Standards for rejecting a claimant's subjective testimony about pain and functional limitations based on contradiction with medical evidence
  • Proper weight and evaluation of lay witness statements in disability proceedings
  • Treatment of nurse practitioner opinions as 'other sources' evidence and grounds for discounting them
  • Whether an ALJ must adopt work restrictions recommended by treating physicians
  • Discounting medical opinions that conflict with the same physician's clinical observations

Procedural posture

Bond appealed the ALJ's denial of her disability benefits claim, challenging the credibility findings and evidentiary weight assigned to various statements and medical opinions.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

MEMORANDUM **

Bond argues that the Administrative Law Judge (ALJ) erred by rejecting her testimony as to her pain and the extent of her limitations. The ALJ discounted Bonds statements about the intensity, persistence, and limiting effects of her symptoms. Specifically, while the ALJ found that Bonds medically determinable impairments could reasonably be expected to cause the alleged symptoms, Bonds statements concerning the intensity, persistence and limiting effects of those symptoms were inconsistent with the medical evidence and other evidence in the record. “Contradiction with the medical record is a sufficient basis for rejecting the claimants subjective testimony.” Carmickle v. Commr, 533 F.3d 1155, 1161 (9th Cir. 2008) (citing Johnson v. Shalala, 60 F.3d 1428, 1434 (9th Cir. 1995)). Here, for example, Bond claimed that she needed to elevate her legs for five to six hours a day to relieve swelling. The medical record, however, consistently showed Bond had no cyanosis, clubbing, or edema. Therefore, substantial evidence supports the ALJs credibility finding. See Thomas v. Barnhart, 278 F.3d 947, 959 (9th Cir. 2002) (“If the ALJs credibility finding is supported by substantial evidence in the record, we may not engage in second-guessing.”).

Bond also argues that the ALJ improperly addressed her sons witness statement about the extent of her limitations. The ALJ gave the lay witness statement “some weight” because it was generally consistent with Bonds testimony, which he had already discounted due to contradiction with the medical record. An ALJ can discount a lay witness statement, so long as he gives a germane reason. See Stout v. Commr, 454 F.3d 1050, 1053 (9th Cir. 2006). The contradiction with the medical evidence was a germane reason to discount the lay witness statement.

Bond claims that the ALJ erred by rejecting the opinions of her nurse practitioner. The ALJ gave “some weight” to the nurses opinion because it was inconsistent with the evaluations of Bonds medical doctors, which indicated that the nurses opinion was largely based on unreliable subjective reporting by Bond. Under the regulations in place at the time Bond filed for benefits, a nurse practitioners opinion was categorized under “other sources.” 20 C.F.R. §§ 416.913(d), 404.1513(d), superseded by revised regulation in 2017. An ALJ can discount “other sources” if he gives a germane reason for doing so. Britton v. Colvin, 787 F.3d 1011, 1013 (9th Cir. 2015) (per curiam). Contradiction with a doctors opinion is a germane reason for discounting a nurse practitioners opinion. Id. Therefore, the ALJ did not err.

Bond further claims that the ALJ failed to properly address the opining of Dr. Grant and Dr. Ziegler that Bond should avoid repetitive use of her left arm and hand, and that she would benefit from activity modification. To the contrary, the ALJ did consider the doctors’ evaluations. He was not required to include their opining in his residual functional capacity determination, however, because nowhere did either doctor indicate that Bond was “incapable of working except under [their] recommended conditions.” Valentine v. Commr, 574 F.3d 685, 691 (9th Cir. 2009). Therefore, the ALJ did not err in this regard either.

Finally, Bond claims that the ALJ erred in failing to include any limitations in social functioning or in concentration, persistence, and pace in his residual functional capacity determination. Specifically, Bond points to the opinion of Dr. Shields, who opined about Bonds bouts of panic, her avoidant behavior, and her trouble dealing with stress. The ALJ only gave “some weight” to Dr. Shieldss opinion because his findings were inconsistent with Dr. Shields own mental status examination and the medical evidence in the record. A doctors opinion may be discounted if it conflicts with his clinical notes and observations. Bayliss v. Barnhart, 427 F.3d 1211, 1216 (9th Cir. 2005). Therefore, substantial evidence supports discounting Dr. Shieldss opinion.

AFFIRMED.