FILED
NOT FOR PUBLICATION MAY 24 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
KENNETH DAVID ROBERTS, No. 10-35512
Plaintiff - Appellant, DC No. 3:09 cv 0336 KI
v.
MEMORANDUM *
COMMISSIONER OF THE SOCIAL
SECURITY ADMINISTRATION,
Defendant - Appellee.
Appeal from the United States District Court
for the District of Oregon
Garr M. King, District Judge, Presiding
Submitted May 5, 2011 **
Portland, Oregon
Before: TASHIMA, BEA, and IKUTA, Circuit Judges.
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Cir. R. 36-3.
**
The panel unanimously finds this case suitable for decision without
oral argument. See Fed. R. App. P. 34(a)(2)(C).
We affirm the denial of Supplemental Security Income disability benefits to
Kenneth David Roberts (“Roberts”).1
1. While the ALJ may have erred by failing to mention the treatment
notes of Drs. Coelho, Parvin, and Saunders, see Lester v. Chater, 81 F.3d 821, 830-
31 (9th Cir. 1995), any such error was harmless and therefore does not justify
reversal. See Tommasetti v. Astrue, 533 F.3d 1035, 1038 (9th Cir. 2008). The
numbness and tingling in Roberts’ hands described in Dr. Coelho’s notes is not a
major factor in his application for benefits, which is based more on his reports of
debilitating pain and inability to grip. The ALJ did in fact consider Dr. Coelho’s
observation that steroid injections did not fully relieve Roberts’ symptoms, and
that observation also was directly contradicted by Dr. Parvin’s treatment notes
from November 8, 2005. Dr. Parvin’s discussion of Roberts’ capacity is highly
equivocal and suggests that he actually believed that Roberts was able to work.
Finally, Dr. Saunders’ instructions to rest with no bending or lifting were clearly
intended as short-term guidance only.
2. The ALJ discounted nurse practitioner Guthridge’s opinion because
it was contradicted by other medical evidence in the record and appeared to be
1
We address in a concurrently filed opinion Roberts’ contention that
his waiver of his right to representation at his hearing before the ALJ was deficient.
2
based largely on Roberts’ own subjective account of his symptoms. These are
germane reasons for declining to credit her opinion. See Valentine v. Comm’r Soc.
Sec. Admin., 574 F.3d 685, 694 (9th Cir. 2009).
3. The ALJ provided clear and convincing reasons for rejecting Roberts’
statements concerning his symptoms. See id. at 693. Roberts’ statements in
September of 2006 that he could lift thirty pounds contradict his other statements
about his capacities. His ability to care for himself and two dogs and engage in
other daily activities also belies his claims about the severity of his symptoms.
4. The ALJ’s failure to mention the report completed by Michael Grogan
was harmless. Grogan’s report focused largely on Roberts’ economic condition,
not his physical condition, and also appeared to be based largely on Roberts’ own
testimony, which the ALJ found not credible. .
AFFIRMED.
3