Bellinger v. Colvin, 2:14-cv-01718

Plaintiff Lee Bellinger applied for Social Security disability insurance benefits and SSI in January 2011, alleging disability beginning June 1, 2008; claims were denied and he requested a hearing.
ALJ held a hearing on May 15, 2013, and issued an unfavorable decision on June 24, 2013; Appeals Council denied review, making the ALJ decision final.
At step two the ALJ found severe impairments including bilateral inguinal hernia, cervical disc protrusion, carpal tunnel, peripheral neuropathy, hypertension, substance abuse, and obesity.
The ALJ assessed an RFC for a limited range of light work with multiple manual, postural, sit/stand, and cognitive limits, and found Plaintiff unable to perform past work but able to do other jobs identified by a vocational expert.
On appeal Plaintiff challenged the ALJ’s rejection of (1) treating physician Dr. Olubi’s restrictions (extensive sitting/standing/lying limitations) and (2) examining physician Dr. Sichi’s limitations (below full sedentary).
The magistrate judge recommended denial of Plaintiff’s motion to remand, concluding the ALJ gave clear and convincing reasons supported by substantial evidence to discount both physicians’ opinions.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the ALJ improperly rejected treating physician Dr. Olubi’s opinion	Olubi’s opinions show significant functional limits (sitting/standing/walking) that support greater restrictions than the RFC	ALJ properly rejected Olubi because opinions conflicted with objective findings, treatment notes showing symptom control, and Plaintiff’s own activities (performing as singer/dancer)	ALJ’s discounting of Olubi upheld: clear and convincing reasons supported by substantial evidence
Whether the ALJ improperly rejected examining physician Dr. Sichi’s opinion	Sichi limited Plaintiff to less than full sedentary work, which would mandate more restrictive RFC	ALJ permissibly gave Sichi limited weight for inconsistency with treatment records and other objective findings	ALJ’s discounting of Sichi upheld: not reversible error

Akopyan v. Barnhart, 296 F.3d 852 (9th Cir. 2002) (scope of judicial review under §405(g))
Andrews v. Shalala, 53 F.3d 1035 (9th Cir. 1995) (definition of substantial evidence)
Reddick v. Chater, 157 F.3d 715 (9th Cir. 1998) (reviewing record as whole, weighing supporting and detracting evidence)
Ryan v. Comm’r of Soc. Sec., 528 F.3d 1194 (9th Cir. 2008) (standard for rejecting uncontradicted treating/examining opinion)
Tommasetti v. Astrue, 533 F.3d 1035 (9th Cir. 2008) (permissible to reject physician opinion inconsistent with medical record)
Rollins v. Massanari, 261 F.3d 853 (9th Cir. 2001) (ALJ may discount treating physician opinion inconsistent with claimant’s activities)
Batson v. Comm’r, Soc. Sec. Admin., 359 F.3d 1190 (9th Cir. 2004) (ALJ’s findings upheld if reasonable inferences supported by record)
Burch v. Barnhart, 400 F.3d 676 (9th Cir. 2005) (deference when evidence supports more than one rational interpretation)
Bowen v. Yuckert, 482 U.S. 137 (U.S. 1987) (five-step sequential evaluation framework)
Webb v. Barnhart, 433 F.3d 683 (9th Cir. 2005) (upholding Commissioner’s decision when proper legal standards applied)