(dissenting):
I respectfully and reluctantly dissent. Clearly there is evidence to support a finding of total disability, but from my review of the record as a whole I conclude that there is also substantial evidence to support the finding of the administrative law judge (AU) that Gallant is capable of doing light work.
Our scope of review is well summarized in Sample v. Schweiker, 694 F.2d 639, 642 (9th Cir.1982):
Our sole inquiry is whether the record, read as a whole, yields such evidence as would allow a reasonable mind to accept the conclusions reached by the law judge____ Where evidence is susceptible of more than one rational interpretation, it is the AU’s conclusion which must be upheld---- In reaching his findings, the law judge is entitled to draw inferences logically flowing from the evidence. (Citations omitted). The AU need not substitute the judgment of expert witnesses for his own. 20 C.F.R. § 404.1526-27; cf. Day v. Weinberger, 522 F.2d 1154, 1156 (9th Cir.1975) (reason for rejection *1458must be offered where such testimony is uncontroverted). Where as here, medical reports are inconclusive, “questions of credibility and resolution of conflicts in the testimony are functions solely of the Secretary.” Waters v. Gardner, 452 F.2d 855, 858 n. 7 (9th Cir.1971); see also Calhoun v. Bailar, 626 F.2d 145, 150 (9th Cir.1980).
The AU recognized in his findings that if the claimant in fact suffered from constant, severe, excruciating pain, he would be precluded from all work activity. After analyzing in some detail Gallant’s testimony at the hearing and various reports of the eleven doctors received as exhibits, the AU, in weighing the evidence as to the “level of pain,” said in part:
Claimant testified that he does not currently take pain medication, and the medical evidence also shows that he has taken pain medication only on an intermittent basis. Claimant’s testimony of his daily activities are consistent with a light level of exertion. His ability to concentrate is fully demonstrated in that he enjoys reading for long periods of time, watching television, and socializing. Hospital records from St. Joseph’s show that claimant was very social and enjoyed the company of other patients during his in-patient stay at the hospital. Dr. Shetter, in his January 15, 1982 report, noted that vocational rehabilitation counseling “should be part of his (claimant’s) overall treatment program since it seems highly unlikely that he will be able to return to his previous job as a heavy equipment operator.” During his in-patient hospital stay at the pain clinic, claimant repeatedly declined participation in the occupational therapy program. At the hearing claimant was observed by the undersigned to be able to sit for over an hour without any apparent distress. The treating physicians have repeatedly described claimant during physical examination as being in no apparent distress, mild distress, no acute distress, etc. Dr. Bloemendaal reported on June 18, 1979 and December 3, 1979, that claimant appeared in no discomfort and walked with a normal gait. On May 19, 1980, Dr. Bloemendaal reported claimant had a 10% impairment rating. There were no objective findings to account for his "continued complaints.” On November 3, 1980, Dr. Frankel described claimant as being “in no acute distress.” On February 18, 1982, Dr. Ginsburg described claimant as a “well developed, alert, oriented 47 year old male in no acute distress.” Claimant’s gait was normal and he was able to heel-toe walk. Dr. Thomas reported on February 9, 1982, that his physical examination showed claimant was “in no acute distress.” Evaluation by the pain team at St. Joseph’s revealed there was no evidence of root compromise. The only therapeutic intervention was strengthening exercises and an immobilization jacket. Claimant testified that he has discontinued wearing a jacket or other support. MMPI testing results have been shown to be consistent with a propensity for secondary gains. Claimant is viewed as an individual who can no longer perform his prior work, and at this point has no inclination to enter a new field of endeavor. Consequently, he views himself as disabled. Under the Social Security Act, although he may be disabled from performing his past work, he must also show by objective evidence including clinical and laboratory findings that he has an impairment so severe as to preclude him from performing alternative work of a lighter nature than his past work. To place a younger individual such as claimant on the disability rolls for the rest of his life based on the objective evidence in this record would be a disservice to him and the credibility of the system. After having two back surgeries, no doubt claimant does have residual chronic pain and discomfort; however, such pain is found to be of a mild to moderate nature generally and as such does not prevent claimant from performing light work.
(Emphasis added).
After “carefully reviewing the entire records,” the district court concluded “that there is substantial evidence to support the *1459AU’s conclusion that Gallant is capable of light work activity.” I agree.
Throughout the record there is evidence that Gallant’s claims of pain were out of proportion to any observed organic pathology. He was frequently described by examining physicians as a person in “no acute distress.” While not a malingerer, the psychological tests indicated that Gallant was preoccupied with pain and could be prone to unconsciously trigger or exacerbate his symptomatology. His cooperation in recommended treatment generally was at best sporadic. In addition to the medical reports specified in the portion of the AU’s decision quoted above, other reports include the following:
Dr. Gaston H. Syrenne, a neurological surgeon, examined Gallant on January 17, 1980. His examination revealed that Gallant experienced no limping and that his motor power and tone in both legs was normal. Dr. Syrenne concluded that “there is no evidence of any recurrent herniated disc” and that the “myelogram looks pretty well within normal range.” He also found no sign of arachnoiditis. After reviewing Dr. Syrenne’s report, Dr. Bloemendaal, an orthopedic specialist, concluded that further surgery was not warranted. Because of Gallant’s “continued complaints without any objective findings,” Dr. Bloemendaal recommended that Gallant be evaluated by a pain clinic.
Gallant was treated at the Orthopedic Clinic at the University of Washington Hospital from September 9, 1980 until October 3,1980. The clinic notes indicate that Gallant was “in mild distress.” The Minnesota Multi-Phasic Personality Inventory (MMPI) indicated that Gallant had “a very large number of vague, diffuse chronic somatic complaints” which were likely to increase in response to stress. In patients with profiles like Gallant’s “there is typically a low correspondence between reports of pain and demonstrable organic pathology.” The report suggested that Gallant may receive “substantial secondary gain from his symptoms or complaints.” A refusal to comply with treatment would be consistent with Gallant’s profile. The examining psychologists, Drs. Prosser and Carlin, concluded that Gallant had a “hysterical personality.”
Although Gallant responded to hot packs, high voltage stimulation, ultrasound and massage treatments, on October 23, 1980 he again underwent surgery. Dr. Jeff Parker, an orthopedist, examined Gallant on November 13, 1980. He concluded that Gallant was doing quite well and was “independent in all motions.” Gallant was also able to heel and toe walk without any difficulty. On February 3, 1981 Dr. Victor H. Frankel, a professor of orthopedic surgery at the University of Washington Hospital, reported Gallant’s condition after his October 23, 1980 surgery. He indicated that Gallant would be completely disabled for from four to six months following the surgery and that it would be difficult for Gallant to ever again drive heavy equipment or drive trucks long distances.
On July 28, 1981 Dr. A.P. Manolio made a physical capacities evaluation from the medical records, without examining Gallant. In his opinion Gallant could stand as well as walk for five hours and he could sit from six to eight hours. Also, Gallant could lift and carry five pounds frequently and ten pounds occasionally. Dr. Lester B. Weisenberg made another physical capacities evaluation from the medical records on November 19, 1981. His report indicated that Gallant could climb steps but not ladders. In his opinion Gallant could stand as well as walk for six hours and could sit for eight hours. He concluded that Gallant could lift and carry ten pounds frequently and twenty pounds occasionally.
Upon the recommendation of Dr. Andrew Shetter, a neurosurgeon, of inpatient treatment in the pain program at St. Joseph’s Hospital, Gallant was hospitalized from February 6 to March 5, 1982. Throughout this period Gallant did not attend occupational therapy; nor did he otherwise involve himself in the program. Dr. Herbert L. Collier, a psychologist, evaluated Gallant while he was in the hospital. The MMPI profile indicated that Gallant was depressed and “seem[ed] to have the capacity to unconsciously trigger and/or exacerbate *1460symptomatology on an unconscious conversion basis.” The Scripps Pain Index indicated that Gallant was preoccupied with pain. Dr. Collier concluded that Gallant was “depressed, angry, self-preoccupied and [had] a capacity for acting out.”
Dr. Thomas N. Thomas a psychiatrist, also examined Gallant in February 1982, while he was hospitalized. Dr. Thomas described Gallant as a “well developed, white male in no acute distress.” His impression was that Gallant suffered “chronic pain syndrome with underlying depression.” In a subsequent report on May 5, 1982, however, he found Gallant in “persistent, severe and unremitting pain,” “not a malingerer,” and “severely and genuinely disabled.” In a letter dated June 10, 1982 Dr. Thomas explained that his statements related to the severity of Gallant’s back problem and not to any psychiatric impairment.
Dr. Howard Ginsburg examined Gallant in February, 1982. He also stated that Gallant was well developed and in “no acute distress.” Dr. Ginsburg concluded that Gallant had not given the support jacket a proper trial in that he took it on and off. He recommended a regular program of wearing the jacket for 8 to 10 hours a day, thoracic extention exercises, and a mild muscle relaxant. In a letter dated May 12, 1982 Dr. Ginsburg stated that on May 3, 1982 he found Gallant’s back pain had been increasing; that he had received some relief from the jacket and the pain recurred when the jacket is removed; that Gallant would undergo an “exploration and repair of the lumbrosacral pseudarthro-sis; ” and that through this surgical repair and “prolonged immobilization, the likelihood of a successful result is good.”
After the hearing before the administrative law judge, on September 5, 1982, Gallant underwent a third operation. His condition after this operation was not considered by the AU. Gallant argued before the district court that the court should consider evidence with respect to this surgery. The district court properly concluded that not having been considered by the AU it was not material to the period of disability in question. The court noted that if Gallant’s condition has worsened as a result of this surgery, he may file a new application for benefits alleging a later period of disability.
I conclude that the administrative law judge’s finding that Gallant was capable of light and sedentary work is supported by substantial evidence. I would affirm the judgment of the district court.