Case Information
*1 Before: CLIFTON, N.R. SMITH, and CHRISTEN, Circuit Judges.
Haroutyun Karabajakyan appeals pro se the district court’s decision
affirming the Commissioner of Social Security’s denial of Karabajakyan’s
*2
application for disability insurance benefits and supplemental security income
under Titles II and XVI of the Social Security Act. We review de novo,
Ghanim v.
Colvin
,
Karabajakyan contends that the administrative law judge (“ALJ”) erred in
rejecting his testimony about his symptoms and limitations. We disagree. The
ALJ provided two, specific, clear and convincing reasons for finding
Karabajakyan’s symptom testimony less than fully credible: (1) the considerable
gaps in his cardiac treatment; and (2) his failure to follow medical advice,
including his refusal to undergo recommended testing and treatment.
See Fair v.
Bowen
,
Finally, the record contains no medical records to substantiate
Karabajakyan’s claim that he was seen by cardiologists while in Armenia in 2008,
nor would one month of treatment in Armenia undermine the ALJ’s reasoning
about the considerable gaps in seeking cardiac treatment. As a result, any error in
the ALJ’s third reason—Karabajakyan’s continued smoking against medical
advice—was harmless because the ALJ’s specific findings regarding
Karabajakyan’s refusal to seek regular cardiac care and to submit to the testing and
*4
treatment recommended by his treating physicians were clear and convincing
reasons.
See Bray v. Astrue
,
Karabajakyan contends that the ALJ improperly gave little weight to the
opinion of his treating physician, Manvel M. Mazmanyan, M.D., which was
recorded on a physical Residual Functional Capacity (“RFC”) Assessment form
completed in January 2012. We disagree. The ALJ provided a specific and
legitimate reason for giving little weight to Dr. Mazmanyan’s opinion: his
statement was not supported by the sparse medical record, and it lacks objective
medical evidence for the limitations he imposed. Neither the RFC Assessment
form nor Dr. Mazmanyan’s earlier treatment notes provide any information about
how Karabajakyan’s diagnoses translate into the specific and severe limitations
detailed in the RFC Assessment, e.g., leg elevation and frequency of required
breaks.
See Connett v. Barnhart
,
We also disagree with Karabajakyan’s contention that the ALJ should have
granted his request for a pre-hearing on the record (“OTR”) decision on the basis
of record evidence demonstrating that he met Listing 4.02A1 and B1 for cardiac
impairments (“the cardiac listing”). The long gaps in Karabajakyan’s cardiac
treatment, coupled with his refusal to comply with his doctors’ advice and
recommendations, support the ALJ’s determination that Karabajakyan failed to
satisfy Listing 4.02’s introductory requirement that a claimant present evidence of
chronic heart failure “while on a regimen of prescribed treatment.” 20 C.F.R. Pt.
404, Subpt. P, App. 1, Listing 4.02. As a result of failing to show that the listing’s
introductory requirement was met, Karabajakyan failed to establish that he was
entitled to a favorable finding at Step 3.
Tackett v. Apfel
,
Karabajakyan also contends that the ALJ failed to include all of his
limitations in the RFC assessment and the hypothetical questions posed to the
vocational expert (“VE”), and that, as a result, the ALJ’s Step 5 determination is
incorrect. We disagree. The ALJ gave clear and convincing reasons for
discounting Karabajakyan’s symptom testimony and specific and legitimate
reasons for giving limited weight to Dr. Mazmanyan’s opinion that Karabajakyan’s
limitations exceeded those set out in the RFC. For this reason, the ALJ did not
need to incorporate those limitations in the RFC finding or in the hypothetical
questions posed to the VE.
See
20 C.F.R. §§ 404.1545(a), 416.945(a);
Bayliss v.
Barnhart
,
Finally, Karabajakyan’s contentions that the ALJ was biased against him,
and that the Appeals Council erred in denying his request for review, lack merit.
The record does not support his allegations that the ALJ’s behavior reflected a
clear inability to render fair judgment. The presumption of impartiality was not
rebutted.
Rollins v. Massanari
,
AFFIRMED.
Notes
[*] This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. * * The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).
