(SS) King v. Commissioner of Social Security
1:10-cv-01058
E.D. Cal.Jul 27, 2011Background
- This court affirms the SSA Commissioner’s denial of supplemental security income to King.
- King filed prior SSI claims; ALJ Flierl denied on March 21, 2005, and subsequent appeals followed.
- The current appeal centers on Tran’s consultative opinion restricting fingering but not grasping.
- The ALJ assigned little weight to Tran’s opinion due to inconsistent objective findings.
- The ALJ found King capable of light work with specific manipulative and postural limitations.
- The court addresses res judicata and credibility considerations to determine if a material change occurred since prior denial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the ALJ properly weigh Tran’s opinion? | King seeks weight for Tran’s opinion. | ALJ appropriately discounted due to inconsistency with objective findings. | Yes; ALJ’s reasons supported by substantial evidence. |
| Was there a material change in King’s condition to overcome Chavez presumption? | Changed circumstances shown by Tran’s assessment. | No clear change in impairment since prior denial. | No material change; Chavez presumption not overcome. |
| Did the ALJ provide specific credibility findings for King’s testimony? | King’s pain testimony should be credible. | ALJ identified inconsistencies and limited daily activities. | Yes; credibility properly analyzed with specific reasons. |
| Is the RFC determination supported by substantial evidence? | RFC fails to reflect limitations. | RFC consistent with medical and examination records. | Yes; substantial evidence supports light work with limitations. |
Key Cases Cited
- Lester v. Chater, 81 F.3d 821 (9th Cir. 1996) (treating vs. non-treating weight; need for legitimate reasons to reject opinions)
- Embrey v. Bowen, 849 F.2d 418 (9th Cir. 1988) (requires detailed articulation when rejecting conflicting medical opinions)
- Morgan v. Comm’r of Soc. Sec., 169 F.3d 595 (9th Cir. 1999) (specific cogent reasons required to discredit testimony)
