Summary
The United States District Court for the District of Arizona reviewed the Commissioner of Social Security’s denial of Mark Hogue’s application for Title II disability benefits. The court upheld the ALJ’s evaluation of Hogue’s symptom testimony and the medical opinion of Dr. Gordon, concluding that the decision was supported by substantial evidence. The court affirmed the ALJ’s August 21, 2023 decision and directed the Clerk to enter judgment and terminate the action.
Holdings
- The ALJ sufficiently articulated specific, clear, and convincing reasons for finding that Hogue's statements concerning the intensity, persistence, and limiting effects of his symptoms were not entirely consistent with the medical and other evidence.
- The ALJ properly evaluated the persuasiveness of Dr. Gordon's opinion by addressing the supportability and consistency factors and reasonably found portions of the opinion unpersuasive.
- The ALJ's determination that Hogue was not disabled from January 27, 2021, through March 31, 2023, was supported by substantial evidence and was affirmed.
Questions Presented
- Whether the ALJ gave legally sufficient, specific, clear, and convincing reasons for discounting Hogue's subjective symptom testimony.
- Whether the ALJ properly evaluated the supportability and consistency of Dr. Gordon's medical opinion under 20 C.F.R. § 404.1520c.
- Whether substantial evidence supported the ALJ's finding that Hogue was not disabled and could perform his past relevant work.
Disposition
affirmed
Cases Cited (19)
- Tackett v. Apfel, 180 F.3d 1094, 1098 (9th Cir. 1999)(followed)
- Kennedy v. Colvin, 738 F.3d 1172, 1175 (9th Cir. 2013)(followed)
- Lewis v. Apfel, 236 F.3d 503, 517 n.13 (9th Cir. 2001)(followed)
- Garrison v. Colvin, 759 F.3d 995, 1009, 1014-15 (9th Cir. 2014)(followed)
- Stout v. Commissioner, Social Security Administration, 454 F.3d 1050, 1052 (9th Cir. 2006)(followed)
- Orn v. Astrue, 495 F.3d 625, 630, 639 (9th Cir. 2007)(followed)
- Andrews v. Shalala, 53 F.3d 1035, 1039 (9th Cir. 1995)(followed)
- Magallanes v. Bowen, 881 F.2d 747, 750 (9th Cir. 1989)(followed)
- Brown-Hunter v. Colvin, 806 F.3d 487, 488-89, 492 (9th Cir. 2015)(followed)
- Bray v. Commissioner of Social Security Administration, 554 F.3d 1219, 1225 (9th Cir. 2009)(followed)
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Cited In (0)
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Court Document
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