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Helwig v. Colvin

United States District Court, Ninth Circuit

August 30, 2013

JOHN HELWIG, Plaintiff,
v.
CAROLYN W. COLVIN, [1] Acting Commissioner of Social Security, Defendant.

MEMORANDUM OPINION AND ORDER

OSWALD PARADA, District Judge.

The Court[2] now rules as follows with respect to the disputed issues listed in the Joint Stipulation ("JS").[3]

I.

DISPUTED ISSUES

As reflected in the Joint Stipulation, the disputed issues raised by Plaintiff as the grounds for reversal and/or remand are as follows:

(1) Whether the Administrative Law Judge ("ALJ") erred in finding that Plaintiff's impairments did not meet a listed impairment;
(2) Whether the ALJ properly evaluated Plaintiff's credibility;
(3) Whether the ALJ erred in rejecting the opinion of Plaintiff's treating physician; and
(4) Whether the evidence submitted to the Appeals Council would result in a different outcome.

(JS at 4.)

II.

STANDARD OF REVIEW

Under 42 U.S.C. ยง 405(g), this Court reviews the Commissioner's decision to determine whether the Commissioner's findings are supported by substantial evidence and whether the proper legal standards were applied. DeLorme v. Sullivan , 924 F.2d 841, 846 (9th Cir. 1991). Substantial evidence means "more than a mere scintilla" but less than a preponderance. Richardson v. Perales , 402 U.S. 389, 401, 91 S.Ct. 1420, 28 L.Ed.2d 842 (1971); Desrosiers v. Sec'y of Health & Human Servs. , 846 F.2d 573, 575-76 (9th Cir. 1988). Substantial evidence is "such relevant evidence as a reasonable mind might accept as adequate to support a conclusion." Richardson , 402 U.S. at 401. The Court must review the record as a whole and consider adverse as well as supporting evidence. Green v. Heckler , 803 F.2d 528, 529-30 (9th Cir. 1986). Where evidence is susceptible of more than one rational interpretation, the Commissioner's decision must be upheld. Gallant v. Heckler , 753 F.2d 1450, 1452 (9th Cir. 1984).

III.

DISCUSSION

A. The ALJ's ...


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