Charlene Bales v. Nancy Berryhill, 688 F. App'x 495

Bales appeals the district court’s denial of disability benefits and SSI after SSA denial.
The panel reviews the district court’s decision de novo and affirms.
Bales argues new medical records should be part of the administrative record.
The Appeals Council did not incorporate or consider the new records; it noted they did not relate to the relevant period.
Bales challenges the ALJ’s credibility findings and the weight given to a naturopathic provider’s opinions; she also challenges determinability of mental impairment and radiculopathy.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether new medical records became part of the record	Bales contends records are part of AR.	Appeals Council did not consider or incorporate them.	Not part of the administrative record.
Materiality and good cause for remand	New records are material and justify remand under 42 U.S.C. § 405(g).	HALLEX does not bind; records not tied to period; no remand.	No remand; records not material.
ALJ credibility of claimant’s symptoms	Bales’s testimony should be fully credible.	ALJ provided specific, clear, convincing reasons to discount credibility.	Affirmed credibility assessment; reasons supported by substantial evidence.
Weight given to naturopathic provider	Naturopathic opinions should be given weight.	Provider is not an acceptable medical source; inconsistencies with objective evidence.	Two germane reasons supported rejection of the provider’s opinions.
Medical determinability and severity of mental impairment and radiculopathy	Mental impairments and radiculopathy are medically determinable and severe.	No separate severe impairments at step two; RFC accounts for limitations.	No separate step-two impairments; RFC appropriately accounts for limitations.

Ghanim v. Colvin, 763 F.3d 1154 (9th Cir. 2014) (standard of review for district court decisions)
Brewes v. Comm’r of Soc. Sec. Admin., 682 F.3d 1157 (9th Cir. 2012) (new evidence not incorporated generally not part of record)
Moore v. Apfel, 216 F.3d 864 (9th Cir. 2000) (HALLEX not controlling; review of noncompliance limits)
Molina v. Astrue, 674 F.3d 1104 (9th Cir. 2012) (reasons to discount credibility supported by substantial evidence)
Tommasetti v. Astrue, 533 F.3d 1035 (9th Cir. 2008) (incongruity between opinions and medical records justifies rejection)
Rollins v. Massanari, 261 F.3d 853 (9th Cir. 2001) (medical evidence as a factor in determining pain severity)
Carmickle v. Comm’r, Soc. Sec. Admin., 533 F.3d 1155 (9th Cir. 2008) (harmless error rule in credibility determinations)
Bayliss v. Barnhart, 427 F.3d 1211 (9th Cir. 2005) (RFC assessment must account for limitations supported by record)
Bowen v. Yuckert, 482 U.S. 137 (U.S. 1987) (sequential evaluation and step-two framework)
Mayes v. Massanari, 276 F.3d 453 (9th Cir. 2001) (burden to show materiality and good cause for remand)