(SS)Guerrero v. Commissioner of Social Security, 1:14-cv-00506

Anthony R. Guerrero applied for SSI on December 10, 2009, alleging disability since June 1, 2004; his claim was denied administratively and by an ALJ, and the Appeals Council denied review.
At the 2012 hearing Guerrero (incarcerated at the time) testified to insulin-dependent diabetes with hypoglycemia, fatigue requiring long breaks, hand and shoulder pain, and vision problems from cataracts; he reported limited work history and low education.
Medical records show insulin-dependent diabetes with episodic hypoglycemia when noncompliant, cataracts (corrected vision 20/20), chronic right rotator cuff tendonitis, largely unremarkable shoulder and hand X-rays, and generally minimal objective findings.
Two state agency physicians (Damania, M.D. and Spellman, M.D.) opined Guerrero could perform the full range of medium work, with no manipulative or postural limitations and only some visual impairment.
The ALJ found Guerrero had severe impairments (diabetes, cataracts, bilateral shoulder tendonitis, pain) but retained the RFC for the full range of light work and could perform his past work as a Cleaner II; the ALJ discredited Guerrero’s subjective symptom testimony.
The district court reviewed the ALJ’s credibility determination under the Ninth Circuit two-step test and affirmed, concluding the ALJ gave clear and convincing reasons supported by substantial evidence.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the ALJ provided clear and convincing reasons to reject Guerrero’s pain and subjective symptom testimony	Guerrero argues the ALJ failed to give clear and convincing reasons and improperly relied on lack of objective findings to discredit his testimony	Commissioner argues the ALJ properly assessed credibility, citing objective medical evidence, treatment response, daily activities, and compliance with insulin	Court held ALJ gave clear and convincing reasons supported by substantial evidence and affirmed denial of benefits

Richardson v. Perales, 402 U.S. 389 (establishes substantial-evidence standard in administrative hearings)
Smolen v. Chater, 80 F.3d 1273 (9th Cir. 1996) (two-step credibility analysis for symptom testimony)
Bunnell v. Sullivan, 947 F.2d 341 (9th Cir. 1991) (ALJ may not reject subjective complaints solely because unsupported by objective medical evidence)
Orn v. Astrue, 495 F.3d 625 (9th Cir. 2007) (daily activities may be considered in credibility assessments)
Warre v. Comm’r of Soc. Sec., 439 F.3d 1001 (9th Cir. 2006) (impairments controlled by medication may not be disabling)