FILED
NOT FOR PUBLICATION
FEB 10 2017
UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
EVANS L. MADISON, No. 14-35781
Plaintiff - Appellant, D.C. No. 2:13-cv-01998-JLR
v.
MEMORANDUM*
NANCY A. BERRYHILL, Acting
Commissioner Social Security,
Defendant - Appellee.
Appeal from the United States District Court
for the Western District of Washington
James L. Robart, District Judge, Presiding
Submitted February 8, 2017**
Before: PREGERSON, LEAVY and OWENS, Circuit Judges.
Evans L. Madison appeals the district court’s judgment affirming the
Commissioner of Social Security’s denial of Madison’s application for
supplemental security income under Title XVI of the Social Security Act. At step
*
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).
five of the sequential evaluation process, the administrative law judge (ALJ)
determined that Madison could perform jobs existing in significant numbers in the
national economy. We have jurisdiction under 28 U.S.C. § 1291. We review de
novo, Molina v. Astrue, 674 F.3d 1104, 1110 (9th Cir. 2012), and we affirm.
1. The ALJ provided a detailed and sufficient credibility assessment of
Madison’s symptom testimony. See Treichler v. Comm’r of Soc. Sec. Admin., 775
F.3d 1090, 1103 (9th Cir. 2014). First, regarding Madison’s seizure disorder, the
ALJ identified medical evidence showing that Madison’s seizures and Raynaud’s
syndrome had been well controlled with medication. This evidence undermines a
conclusion that Madison’s symptoms were disabling. See Tommasetti v. Astrue,
533 F.3d 1035, 1040 (9th Cir. 2008). Second, the ALJ identified medical evidence
showing that Madison sought narcotic pain relievers from four different doctors,
three of whom declined to prescribe pain medication. This evidence undercut
Madison’s credibility with respect to the amount of pain he experienced. See
Smolen v. Chater, 80 F.3d 1273, 1284 (9th Cir. 1996); see also Thomas v.
Barnhart, 278 F.3d 947, 959 (9th Cir. 2002). Third, the ALJ identified medical
evidence that conflicted with Madison’s statements regarding the extent of his
symptoms. See Molina, 674 F.3d at 1113.
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2. The ALJ provided specific and legitimate reasons for giving little
weight to the opinion of Madison’s treating physician, Timothy Joos, M.D.
Ghanim v. Colvin, 763 F.3d 1154, 1161 (9th Cir. 2014). First, the ALJ found
Madison to be less than fully credible when reporting his symptoms, and Dr. Joos’s
opinion relied more heavily upon Madison’s self- reports than upon the objective
medical evidence. See Tonapetyan v. Halter, 242 F.3d 1144, 1149 (9th Cir. 2001)
(explaining that the ALJ was “free to disregard” the opinion of an examining
physician where the record supported the ALJ’s discounting of the claimant’s
testimony). Second, Dr. Joos provided no explanation or supporting evidence for
his conclusion that Madison had gross or fine motor skill restrictions. See Thomas,
278 F.3d at 957.
3. The ALJ did not err in discounting the opinion of examining
psychologist, David Widlan, Ph.D. Although Dr. Widlan’s opinion reflects that
Madison reported symptoms that might limit his ability to work, the opinion does
not explain how those symptoms “translate into specific functional deficits which
preclude work activity.” Morgan v. Comm’r of Soc. Sec. Admin., 169 F.3d 595,
601 (9th Cir. 1999). Additionally, the ALJ properly discounted the global
assessment of functioning (GAF) score assigned by Dr. Widlan because the
extremely limited functioning reflected in the GAF score conflicted with
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Madison’s daily activities. Morgan, 169 F.3d at 601–02. Moreover, because the
ALJ properly found Madison to be less than fully credible in his reporting of the
limiting effects of his symptoms, the ALJ did not err in discounting Dr. Widlan’s
otherwise unsupported GAF score. Id. at 602.
4. Finally, although the ALJ erred in failing to provide any explanation
for rejecting the opinion of Jessica LeBlanc, M.D., that error was harmless.
Tommasetti, 533 F.3d at 1038. Dr. LeBlanc saw Madison only two times in
January 2010. The ALJ’s decision includes a detailed and thorough summary of
subsequent record medical evidence and opinions showing that Madison’s leg
weakness improved and his seizure condition stabilized with adjustments to his
medication. Therefore any error in failing to address Dr. LeBlanc’s opinion was
inconsequential to the ultimate non-disability determination. Id.
AFFIRMED.
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