Opinion
No. 15-35036
12-13-2017
VITALIY DIKOV, Plaintiff-Appellant, v. NANCY A. BERRYHILL, Acting Commissioner Social Security, Defendant-Appellee.
NOT FOR PUBLICATION
D.C. No. 3:13-cv-00127-AC MEMORANDUM Appeal from the United States District Court for the District of Oregon
John V. Acosta, Magistrate Judge, Presiding Before: THOMAS, Chief Judge, and TROTT and SILVERMAN, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
Vitaliy Dikov appeals the district court's decision affirming the Commissioner of Social Security's denial of Dikov's application for supplemental security income under Title XVI of the Social Security Act. We have jurisdiction under 28 U.S.C. § 1291. We review de novo, Ghanim v. Colvin, 736 F.3d 1154, 1159 (9th Cir. 2014), and we affirm.
The ALJ gave the following specific and legitimate reasons for assigning only "limited weight" to treating physician Dr. Long's opinion regarding Dikov's functional limitations: (1) Dr. Long did not sufficiently explain his conclusions or address the severity or frequency of pain; (2) evidence shows that Dikov is able to perform activities that Dr. Long opined he could never perform; and (3) his opinion was inconsistent with the findings of other physicians. Burrell v. Colvin, 775 F.3d 1133, 1137 (9th Cir. 2014) (the ALJ may only reject the contradicted opinion of a treating physician by providing specific and legitimate reasons that are supported by substantial evidence.). For example, Dr. Mauer found that Dikov could perform a "full squat and rise to completion without difficulty" and had "full symmetric motor strength."
AFFIRMED.