Social Security Disability
- What are Marked Mental Limitations? – Social Security Disability
- The Impact of Age on Social Security Rules
- The Treating Physician Rule
- How We Appeal Your Social Security Case
- Fibromyalgia and Chronic Fatigue Syndrome
- If You Receive Workers Compensation
- Do I qualify for Social Security Income?
- Do I qualify for social security benefits ?
- Credibility assessment
- Can My Family Get Benefits from Social Security?
- Can I Work While Receiving Benefits?
- Is Alcohol Abuse A Disability?
- Social Security Disability Lawyer – Dr David Anaise, MD – Tucson
An ALJ is not required to believe every allegation of disabling pain or other nonexertional impairment.” Orn, 495 F.3d at 635 (internal quotation marks and citation omitted).Sometimes a credibility assessment must be done. When a medical impairment has been established, however, the ALJ must provide “specific, cogent reasons for the disbelief” and may not discredit a claimant’s testimony as to subjective symptoms merely because they are unsupported by objective evidence. Lester, 81 F.3d at 834.
Unless there is affirmative evidence showing that the claimant is malingering, the Commissioner’s reasons for rejecting the claimant’s testimony must be “clear and convincing.” Id (internal quotation marks omitted). While an ALJ is responsible for determining the credibility of a claimant, an ALJ cannot reject a claimant’s testimony without giving clear and convincing reasons. Holohon v. Massanari, 246 F.3d 1195, 1208 (9th Cir. 2001) (citing Reddick, 157 F.3d at 722.)
In addition, the ALJ must specifically identify the testimony he finds not to be credible and must explain what evidence undermines the testimony. Id The evidence upon which the ALJ relies must be substantial. Orteza v.Shalala, 50 F.3d 748, 750 (9th Cir. 1995); Bunnell v. Sullivan, 947 F.2d 341, 345- 46 (9th Cir. 1991) (en banc ).
In assessing the claimant’s credibility, the ALJ may consider ordinary techniques of credibility evaluation, such as the claimant’s reputation for lying, prior inconsistent statements about the symptoms, and other testimony from the claimant that appears less than candid; unexplained or inadequately explained failure to seek or follow a prescribed course of treatment; the claimant’s daily activities; the claimant’s work record; observations of treating and examining physicians and other third parties; precipitating and aggravating factors; and functional restrictions caused by the symptoms. Smolen, 80 F.3d at 1284; see also Robbins v. Social Security Sec. Admin., 466 F.3d 880, 884 (9th Cir. 2006) (“To find the claimant not credible, the ALJ must rely either on reasons unrelated to the subjective testimony (e.g., reputation for dishonesty), on conflicts between his testimony and his own conduct; or internal contradictions in that testimony.”).