NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS JUL 13 2020
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
ALAN R. HANSEN, No. 18-35275
Plaintiff-Appellant, D.C. No. 3:17-cv-05379-MAT
v.
MEMORANDUM*
ANDREW M. SAUL, Commissioner of
Social Security,
Defendant-Appellee.
Appeal from the United States District Court
for the Western District of Washington
Mary Alice Theiler, Magistrate Judge, Presiding
Submitted July 8, 2020**
Seattle, Washington
Before: CLIFTON, D.M. FISHER,*** and M. SMITH, Circuit Judges.
Alan R. Hansen appeals the district court’s affirmance of the
Commissioner’s denial of his applications for disability insurance benefits and
*
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).
***
The Honorable D. Michael Fisher, United States Circuit Judge for the
U.S. Court of Appeals for the Third Circuit, sitting by designation.
supplemental security income under the Social Security Act. We have jurisdiction
pursuant to 28 U.S.C. § 1291 and 42 U.S.C. § 405(g). Our review of the district
court’s decision is de novo, and we “disturb the [Administrative Law Judge’s
(ALJ)] denial of benefits only if the decision contains legal error or is not
supported by substantial evidence.” Tommasetti v. Astrue, 533 F.3d 1035, 1038
(9th Cir. 2008) (internal quotation marks omitted). We affirm.
First, substantial evidence supported the ALJ’s evaluation of the medical
evidence. The ALJ did not err in determining that Hansen’s attention deficit
hyperactivity disorder (ADHD) is not a severe impairment. Not only are Hansen’s
symptoms controllable with medication, see Warre v. Comm’r of Soc. Sec. Admin.,
439 F.3d 1001, 1006 (9th Cir. 2006), but Hansen’s treating physician also declined
to prescribe ADHD medication because he did not “have a good reason why
[Hansen] needs to be on it.”
In addition, substantial evidence supported the ALJ’s decision at Step 2 to
accord little to no weight to the portion of the opinions of Drs. Griffin, Eather, and
Robinson regarding the effects of Hansen’s ADHD and dyslexia, and which
recommended putting appropriate accommodations in place to account for those
limitations. Although the ALJ did not err in weighing these opinions, in any event,
he properly accounted for limitations attributable to both impairments throughout
his decision. See 42 U.S.C. § 423(d)(2)(B); see also Molina v. Astrue, 674 F.3d
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1104, 1111 (9th Cir. 2012) (“[W]e may not reverse an ALJ’s decision on account
of an error that is harmless.”).
Furthermore, substantial evidence supported the ALJ’s decision to give great
weight to the opinions of Drs. Gaffield and Faria regarding Hansen’s physical
condition because their opinions were both consistent with the results of their
physical examinations and considered Hansen’s subjective complaints. Nor did the
ALJ err in according great weight to Dr. Valette’s opinion that Hansen can interact
appropriately with supervisors, a conclusion that was consistent with the record.
See Molina, 674 F.3d at 1111 (“[W]hen the evidence is susceptible to more than
one rational interpretation, we must uphold the ALJ’s findings if they are
supported by inferences reasonably drawn from the record.”). The ALJ also
adequately considered Dr. Valencia’s diagnoses and observations in evaluating
Hansen’s claim.
Similarly, the ALJ gave “specific and legitimate reasons,” supported by
substantial evidence, for according little weight to Dr. Neims’s opinion. See
Bayliss v. Barnhart, 427 F.3d 1211, 1216 (9th Cir. 2005). For example, the ALJ
noted that Dr. Neims’s opinion was inconsistent with Dr. Neims’s clinical findings,
which “show[ed] some abilities in terms of cognitive functioning,” and with the
record, which indicated that Hansen “show[ed] some abilities in terms of social
functioning” and “ha[d] been able to engage in a variety of activities.” See id.
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Second, the ALJ gave “specific, clear, and convincing reasons,” supported
by substantial evidence, for discounting Hansen’s testimony regarding the severity
of his symptoms. See Garrison v. Colvin, 759 F.3d 995, 1014–15 (9th Cir. 2014).
The ALJ reasonably concluded that Hansen’s testimony regarding his limited
physical functioning was inconsistent with the medical evidence and his reports to
medical examiners and providers regarding his activity level. See Molina, 674 F.3d
at 1112–13; see also 20 C.F.R. § 404.1529(c). Nor did the ALJ err in rejecting
Hansen’s testimony regarding his mental limitations. As the ALJ noted, Hansen
failed to seek treatment for many of his mental impairments, despite continuing
with certain daily activities, and there were inconsistencies between his testimony
and the medical evidence and his reported activity level. See Molina, 674 F.3d at
1112–14.
Finally, “[t]he ALJ was not required to incorporate evidence” such as Dr.
Neims’s opinion and Hansen’s testimony regarding the severity of his symptoms in
determining Hansen’s residual functional capacity (RFC) because that evidence
had been “permissibly discounted.” See Batson v. Comm’r of Soc. Sec. Admin., 359
F.3d 1190, 1197 (9th Cir. 2004); see also Bayliss, 427 F.3d at 1217 (RFC
assessment was proper when it “took into account those limitations for which there
was record support”). For the same reason, the ALJ did not err in basing his Step 5
finding on his RFC assessment. See Stubbs-Danielson v. Astrue, 539 F.3d 1169,
4 18-35275
1175–76 (9th Cir. 2008) (rejecting argument that “ALJ’s hypothetical [question to
vocational expert] was incomplete” when claimant “simply restate[d] her”
challenge to ALJ’s RFC assessment).
AFFIRMED.
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