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Boyd v. Berryhill

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Mar 29, 2019
No. 17-35089 (9th Cir. Mar. 29, 2019)

Opinion

No. 17-35089

03-29-2019

MELISA D. BOYD, Plaintiff-Appellant, v. NANCY A. BERRYHILL, Acting Commissioner Social Security, Defendant-Appellee.


NOT FOR PUBLICATION

D.C. No. 6:15-cv-01399-AC MEMORANDUM Appeal from the United States District Court for the District of Oregon
Michael H. Simon, District Judge, Presiding Before: FARRIS, O'SCANNLAIN, and TROTT, Circuit Judges.

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

Melisa D. Boyd appeals the district court's affirmance of the Commissioner of Social Security's denial of her application for disability insurance benefits under Title II of the Social Security Act. We have jurisdiction under 28 U.S.C. § 1291 and 42 U.S.C. § 405(g). We review de novo. Attmore v. Colvin, 827 F.3d 872, 875 (9th Cir. 2016). We affirm.

The Administrative Law Judge ("ALJ") did not err in discounting Boyd's testimony concerning the extent and limiting effects of Boyd's symptoms. The ALJ applied the requisite two-step framework and cited specific, clear, and convincing reasons for discounting Boyd's testimony related to the severity of her symptoms during the relevant period. See Trevizo v. Berryhill, 871 F.3d 664, 678 (9th Cir. 2017). The ALJ cited evidence showing that Boyd's symptoms improved with treatment, and Boyd's subjective complaints were not fully supported by the objective medical evidence. See Warre v. Comm'r of Soc. Sec. Admin, 439 F.3d 1001, 1006 (9th Cir. 2006) ("Impairments that can be controlled effectively with medication are not disabling for the purpose of determining eligibility for SSI benefits.") and Molina v. Astrue, 674 F.3d 1104, 1113 (9th Cir. 2012).

Any error in the ALJ's remaining reasons for discounting Boyd's testimony is harmless because the ALJ provided sufficiently specific, clear and convincing reasons supported by substantial evidence. See Bray v. Comm'r of Soc. Sec. Admin., 554 F.3d 1219, 1227 (9th Cir. 2009).

AFFIRMED.


Summaries of

Boyd v. Berryhill

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Mar 29, 2019
No. 17-35089 (9th Cir. Mar. 29, 2019)
Case details for

Boyd v. Berryhill

Case Details

Full title:MELISA D. BOYD, Plaintiff-Appellant, v. NANCY A. BERRYHILL, Acting…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Mar 29, 2019

Citations

No. 17-35089 (9th Cir. Mar. 29, 2019)