Carolyn McCoy v. Michael J. Astrue , 405 F. App'x 222 ( 2010 )

FILED
NOT FOR PUBLICATION DEC 10 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
CAROLYN MCCOY, No. 09-56250
Plaintiff - Appellant, D.C. No. 2:08-cv-04217-SS
v.
MEMORANDUM *
MICHAEL J. ASTRUE, Commissioner of
Social Security,
Defendant - Appellee.
Appeal from the United States District Court
for the Central District of California
Suzanne H. Segal, Magistrate Judge, Presiding
Submitted December 7, 2010 **
Pasadena, California
Before: PREGERSON, CLIFTON, and BEA, Circuit Judges.
Appellant Carolyn McCoy (“McCoy”) challenges the district court’s
decision upholding the Appellee Commissioner of Social Security’s determination
that McCoy was not disabled.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
The ALJ chose to adopt the non-treating physician’s conclusions because
they accurately reflected the medical evidence. The ALJ found that, based on the
objective medical evidence, the majority of medical conditions which formed the
basis for the treating physician’s functional assessment did not impair McCoy
because the conditions were being successfully treated or had been resolved. Thus,
the treating physician’s conclusions were not supported by the medical records.
The ALJ’s statements regarding the medical evidence as it related to the
conflicting medical opinions provided a specific and legitimate explanation for
rejecting the treating physician’s conclusions. See Andrews v. Shalala, 53 F.3d
1035, 1043 (9th Cir. 1995); Magallanes v. Bowen, 881 F.2d 747, 751 (9th Cir.
1989). Furthermore, the ALJ summarized all of the facts and conflicting clinical
evidence from multiple sources in a detailed and thorough fashion, stating his
interpretation and making findings. See Id. Therefore, the ALJ’s decision was
supported by substantial evidence and correctly applied the applicable law. See
Valentine v. Commissioner, 574 F.3d 685, 690 (9th Cir. 2009). AFFIRMED.