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HENRY v. SAUL (2021)

United States Court of Appeals, Ninth Circuit.2021-02-09No. No. 19-35939

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Opinion

MEMORANDUM **

Ruthie Henry appeals the district court decision affirming the Commissioner of Social Securitys denial of disability benefits. Reviewing the agencys factfinding for substantial evidence, Biestek v. Berryhill, ––– U.S. ––––, 139 S. Ct. 1148, 1154, 203 L.Ed.2d 504 (2019), we affirm.

The Administrative Law Judge (“ALJ”) performed the five-step analysis and determined that Henry was not disabled. The ALJ found that Henry would be able to conduct her past work as an administrative clerk in addition to other jobs existing in significant numbers in the national economy. Under our deferential review, if the record could reasonably support either affirming or reversing, we must affirm. Hiler v. Astrue, 687 F.3d 1208, 1211 (9th Cir. 2012).

The ALJs evaluation of the medical evidence is supported by substantial evidence. The conclusion that Henrys anxiety and depression were non-severe impairments is supported by the evidence that her symptoms were controlled effectively with medication. See Warre ex rel. E.T. IV v. Commr of Soc. Sec. Admin., 439 F.3d 1001, 1006 (9th Cir. 2006) (“Impairments that can be controlled effectively with medication are not disabling for the purpose of determining eligibility for [disability] benefits.”). The conclusion that Henrys hand tremor, carpal tunnel syndrome, and bipolar disorder were also non-severe impairments is supported by the absence of evidence establishing severe impairment during the relevant period. See Tackett v. Apfel, 180 F.3d 1094, 1098 (9th Cir. 1999) (burden on claimant to establish disability). The limited weight given to Dr. Harrisons testimony is supported by the conflict between his testimony and other record evidence. See Ford v. Saul, 950 F.3d 1141, 1155–56 (9th Cir. 2020) (holding that an examining physicians opinion may be discounted if it is contradicted by other medical opinions and the ALJ cites specific and legitimate reasons for discounting it). Finally, though Henry disagrees with the weight given to the non-examining doctors’ opinions, we are not a factfinder and may not adopt an alternate interpretation of those opinions, even if it would also be reasonable.

The ALJs discounting of Henrys testimony is supported by substantial evidence. The ALJ considered Henrys testimony about her limitations but ultimately found it to be inconsistent with other evidence, such as her successful recovery from the heart attack and frequent physical activity including daily walks. An ALJ may discount a claimants testimony when it conflicts with record evidence. Bray v. Commr of Soc. Sec. Admin., 554 F.3d 1219, 1227 (9th Cir. 2009).

The ALJs discounting of the testimony of Henrys husband, Bart Henry, is supported by substantial evidence. The ALJ found that his testimony primarily related to symptoms occurring outside the relevant period. Also, because the testimony overlaps, some of the reasons given by the ALJ for discounting Henrys testimony further support the discounting of Bart Henrys testimony. See Molina v. Astrue, 674 F.3d 1104, 1114, 1122 (9th Cir. 2012) (holding that an ALJ must give germane reasons for discounting lay testimony and that a failure to do so is harmless if evidence that the ALJ cited as discrediting other testimony also discredits the lay testimony).

The ALJs residual functional capacity assessment was proper, based on findings supported by substantial evidence, and free of harmful legal error.

The ALJs findings at steps four and five are supported by substantial evidence. Henry argues that the ALJ erred by posing incomplete hypotheticals to the vocational expert. But the hypotheticals were incomplete only insofar as we adopt Henrys assessment of the facts over the ALJs assessment of the facts, which we cannot do.

AFFIRMED.