Tyler Delanoy v. Nancy Berryhill , 697 F. App'x 917 ( 2017 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS AUG 28 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
TYLER L. DELANOY, No. 14-35953
Plaintiff-Appellant, D.C. No. 3:13-cv-06069-RBL
v.
MEMORANDUM*
NANCY A. BERRYHILL, Acting
Commissioner Social Security,
Defendant-Appellee.
Appeal from the United States District Court
for the Western District of Washington
Ronald B. Leighton, District Judge, Presiding
Submitted August 24, 2017**
Before: NELSON, TROTT and SILVERMAN, Circuit Judges.
Tyler Delanoy appeals the district court’s decision affirming the
Commissioner of Social Security’s denial of Delanoy’s application for social
security disability insurance benefits and supplemental security income under
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
Titles II and XVI of the Social Security Act. We have jurisdiction under 28 U.S.C.
§ 1291. We review de novo, Ghanim v. Colvin, 736 F.3d 1154, 1159 (9th Cir.
2014), and we affirm.
The Commissioner’s determination at Step Two in the sequential evaluation
process is supported by substantial evidence. Webb v. Barnhart, 433 F.3d 683, 687
(9th Cir. 2005). The ALJ properly relied on the absence of record medical evidence
sufficient to support a determination that Delanoy’s migraines did not cause more
than minimal limitation in Delanoy’s ability to perform basic work activities. Id.The ALJ gave the following specific and legitimate reasons for assigning
only “little weight” to Dr. Lush’s April 2012 opinion regarding Delanoy’s
functional limitations: (1) Dr. Lush did not sufficiently explain his conclusions or
specifically what he is relying on or whether he reviewed the records that were
provided to him by Delanoy’s representative; (2) Dr. Lush relied too heavily on
Delanoy’s subjective complaints; and (3) Dr. Lush’s opinion that Delanoy cannot
work were contradicted by the opinions of Dr. Heilbrunn and state agency
consultants Dr. Stevick and Dr. Bernandez-Fu. Burrell v. Colvin, 775 F.3d 1133,
1137 (9th Cir. 2014) (holding that the ALJ must make findings setting forth
specific and legitimate reasons for doing so that are supported by substantial
evidence in order to reject the contradicted opinion of a treating physician).
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The ALJ’s reasoned decision in this case is thorough, complete, and well-
explained. He followed the correct legal standard by identifying sufficiently
specific, clear and convincing reasons that are supported by substantial evidence in
the case record for discounting Delanoy’s credibility regarding the debilitating
effects of his symptoms: (1) there was a lack of supporting objective medical
evidence for Delanoy’s subjective complaints; (2) there were inconsistencies
between Delanoy’s subjective complaints and his activities of daily living; and (3)
Delanoy made inconsistent statements about his abilities. Brown-Hunter v. Colvin,
806 F.3d 487 (9th Cir. 2015) (holding that ALJ must support his reasoning in
rejecting subjective testimony with sufficient specificity so that the reviewing court
can conduct a meaningful review). For example, the ALJ cited Delanoy’s
testimony that he could (1) sit for only 20 minutes, (2) stand for only 20 minutes,
and (3) that he became easily fatigued as inconsistent with his prior statements that
he spent “most of the day” on the computer and would play interactive video
games for four hours straight. The ALJ also found that Delanoy made inconsistent
statements about his abilities. Delanoy testified that he could drive for only about
three miles at the most. However, the record indicated that he drove 24.8 miles
from Raymond to Aberdeen to visit his 10-year old daughter whom he took care of
every other weekend and enjoyed taking her to the park.
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The ALJ gave germane reasons for only assigning “some weight” to the
testimony of Delanoy’s mother because her testimony was inconsistent with the
overall record and Delanoy’s own claims. Molina v. Astrue, 674 F.3d 1104, 1114
(9th Cir. 2012).
AFFIRMED.
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