gno.law

Paul Rimland v. Michael Astrue

Court of Appeals for the Ninth Circuit · 08-56148 · 2010-09-02 · Unpublished

Paul H. RIMLAND, Plaintiff-Appellant, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant-Appellee

Proceeding
appeal
Trial court
United States District Court for the Southern District of California
Trial judge
Janis L. Sammartino (district judge)
Outcome
remanded — REMANDED.
Area
civil
Panel
Alex Kozinski (author), Gould, Diarmuid F. O'Scannlain

Analysis

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Opinion

FILED NOT FOR PUBLICATION SEP 02 2010

MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

PAUL H. RIMLAND, No. 08-56148 Plaintiff - Appellant, D.C. No. 3:06-cv-02490-JLS-LSP v. MEMORANDUM * MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant - Appellee.

Appeal from the United States District Court for the Southern District of California Janis L. Sammartino, District Judge, Presiding Submitted August 31, 2010 ** Pasadena, California Before: KOZINSKI, Chief Judge, O’SCANNLAIN and GOULD, Circuit Judges.

The ALJ appropriately gave more weight to the medical expert’s testimony than to observations made by Rimland’s father. See, e.g., Lewis v. Apfel, 236 F.3d * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). page 2 503, 511 (9th Cir. 2001) (“One reason for which an ALJ may discount lay testimony is that it conflicts with medical evidence.”). But the expert’s testimony established that Rimland’s functional capacity is extremely limited during periods of sickness that occur about four times per year. Even though at least one medical report supports Rimland’s claim that the attacks can last for several weeks, the vocational expert didn’t testify as to whether they affect Rimland’s ability to perform his past relevant work. The ALJ must address that narrow issue on remand. See 20 C.F.R. § 404.1520(e).

The evidence adequately supported a finding that Rimland’s medical conditions are otherwise under control and, apart from the periodic attacks, would leave him with sufficient functional capacity to perform his past relevant work. Id.

§ 404.1520(f).

REMANDED.