NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS SEP 15 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
BILLY WAYNE BROWN, No. 15-35467
Plaintiff-Appellant, D.C. No. 3:14-cv-05447-RJB
v.
MEMORANDUM*
NANCY A. BERRYHILL, Acting
Commissioner Social Security,
Defendant-Appellee.
Appeal from the United States District Court
for the Western District of Washington
Robert J. Bryan, District Judge, Presiding
Argued and Submitted September 1, 2017
Seattle, Washington
Before: HAWKINS and McKEOWN, Circuit Judges, and FOOTE,** District
Judge.
Billy Wayne Brown appeals from the district court’s order affirming the
Social Security Commissioner’s denial of his applications for Social Security
Disability Insurance benefits and Supplemental Security Income benefits due to a
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The Honorable Elizabeth E. Foote, United States District Judge for the
Western District of Louisiana, sitting by designation.
combination of physical and mental impairments. We have jurisdiction under 28
U.S.C. § 1291. Reviewing the district court’s decision de novo and the
determination of the administrative law judge (“ALJ”) for substantial evidence, Dale
v. Colvin, 823 F.3d 941, 943 (9th Cir. 2016), we affirm.
Contrary to Brown’s contention, the ALJ did not reject examining
psychologist Dr. Covell’s opinion, but instead, gave “great weight” to her opinion.
The ALJ reasonably interpreted Dr. Covell’s opinion and incorporated the
limitations identified in her report into a residual functional capacity (“RFC”)
assessment. See Valentine v. Comm’r of Soc. Sec. Admin., 574 F.3d 685, 691–92
(9th Cir. 2009). Nor did the ALJ err by giving little weight to the global assessment
of function (“GAF”) score contained in Dr. Covell’s report. The ALJ provided
sufficient reasons supported by substantial evidence for relying on Dr. Covell’s
narrative opinion rather than the GAF score including that (1) the GAF score may
be based on Brown’s description of his symptoms, which the ALJ found to be less
than fully credible; and (2) the GAF score did not have a direct correlation to the
severity requirements in the mental disorder listings. See Tonapetyan v. Halter, 242
F.3d 1144, 1149 (9th Cir. 2001) (opinion based on claimant’s subjective complaints
appropriately given same weight as claimant’s testimony regarding symptoms).
2
The ALJ’s determination that Brown was not disabled due to carpal tunnel
syndrome and inclusion of a limitation of “frequent handl[ing]” in the RFC also are
supported by substantial evidence. The existence of Brown’s carpal tunnel
syndrome alone is insufficient to establish functional limitations or disability. See
Matthews v. Shalala, 10 F.3d 678, 680 (9th Cir. 1993). And, the records of Brown’s
treating physician indicate that Brown had normal strength and full mobility of his
hands and fingers both before and after his carpal tunnel release surgery.
Because the record evidence was not ambiguous and the record was sufficient
to allow for proper evaluation of the evidence, the ALJ was not required to re-contact
Brown’s doctors or further develop the record. See Mayes v. Massanari, 276 F.3d
453, 459–60 (9th Cir. 2001).
Finally, the ALJ provided specific, clear and convincing reasons for finding
Brown’s testimony regarding his symptom severity was not fully credible, including
that Brown’s testimony was inconsistent with his daily activities, former reports to
medical professionals and the agency, and medical assessments. See Morgan v.
Comm’r of Soc. Sec. Admin., 169 F.3d 595, 600 (9th Cir. 1999).
AFFIRMED.
3