Haroutinoun GHOKASSIAN, Plaintiff-Appellant, v. Donna E. SHALALA, Secretary of Health and Human Services, Defendant-Appellee

Poole, Circuit Judge,

dissenting:

The sole issue in this case is whether the Secretary’s decision to deny benefits to Gho-kassian was supported by substantial evidence, not to determine the credibility of the medical testimony. Because I conclude that the Secretary presented substantial evidence, I respectfully dissent.

As indicated, our role on review is limited to determining whether the Secretary’s decision is supported by substantial evidence. Allen v. Heckler, 749 F.2d 577, 579 (9th Cir.1984). As the majority correctly notes, “we review the administrative record as a whole, weighing both the evidence that supports and [that which] detracts from the ALJ’s conclusion.” Magallanes v. Bowen, 881 F.2d 747, 750 (9th Cir.1989) (internal quotations omitted). The ALJ may reject either an expert’s report or a treating physician’s opinion so long as he provides clear and convincing reasons for doing so. Id. at 751 (treating physician); Coats v. Heckler, 733 F.2d 1338, 1340 (9th Cir.1984) (expert report). The reports of consultative physicians may constitute substantial evidence. Magallanes, 881 F.2d at 752.

“Where medical testimony is conflicting, however, it is the ALJ’s role to determine credibility and to resolve the conflict. If the evidence admits of more than one rational interpretation, we must uphold the decision of the ALJ.” Allen, 749 F.2d at 579 (citation omitted). We should refrain from second-guessing the ALJ’s determinations regarding the credibility of medical testimony. Id. at 580. The ALJ may disregard a claimant’s self-serving statements if they are unsupported by objective findings. .Coats, 733 F.2d at 1340.

Second-guessing the ALJ’s credibility determinations is exactly what the majority does to achieve its result. While three doctors submitted reports stating that Ghokas-sian was incapable of engaging in substantial and gainful activity due to his mental and emotional condition, Dr. Isidro, a consultative psychiatrist, opined that Ghokassian was possibly “malingering,” and might improve "with appropriate treatment.

Dr. Walter, a clinical psychologist, who reviewed Ghokassian’s medical records and observed him at the disability hearing, cited numerous inconsistencies in the records regarding Ghokassian’s ability to communicate, his memory, his education, and any suicidal thoughts. Furthermore, the ALJ noted that, in Ghokassian’s prior application for benefits the previous year- (which was denied and never appealed), he neither alleged a mental impairment nor did the medical records disclose such an impairment. At the prior disability hearing (before the same ALJ), Gho-kassian showed no signs of discomfort or distress; he was merely overweight.

The ALJ also noted that the three doctors who examined Ghokassian in the summer of 1987 recommended treatment for his alleged mental impairment. Ghokassian did not seek the recommended treatment. Dr. Isidro, however, examined Ghokassian in December 1987 and found no severe mental impairment. Finally, the ALJ found that Ghokassian’s testimony regarding his alleged psychiatric impairment at the hearing was exaggerated, self-serving, and unsupported by the record.

The ALJ concluded that, even if any of the three doctors who found severe mental impairments were characterized as a “treating physician,” their opinions were contradicted by Drs. Isidro and Walter, and the medical records submitted in support of Ghokassian’s prior disability application.

The majority attempts to undercut the ALJ’s specific, legitimate reasons by repeatedly referring to Dr. Isidro’s opinion as the “qualified suggestion of a first-year resident psychiatrist” versus the well-qualified opinions of the three doctors who found a *1306mental impairment. The majority also raises considerable ado because the three doctors used an interpreter to obtain information from Ghokassian, and Dr. Isidro did not.

Without question, the ALJ was familiar with the qualifications of all the doctors and decided that Dr. Isidro’s opinion was entitled to more weight. Dr. Isidro indicated that Ghokassian was able to communicate with him in broken English. Because the ALJ provided specific and legitimate reasons for favoring the testimony of Dr. Isidro over the treating physicians, we should not second-guess his credibility determinations by im-permissibly scrutinizing the qualifications of each doctor. See Magallanes, 881 F.2d at 752-53; Allen, 749 F.2d at 580.

I would conclude that the Secretary provided substantial evidence for denying benefits to Ghokassian.'