Unpublished Disposition, 914 F.2d 262 (9th Cir. 1990)

MEMORANDUM^** 

Krikor Kouyoumdjian seeks review of the district court's denial of his disability claim. We affirm.

DISCUSSION

Kouyoumdjian contends that medical problems with his heart, back, and vision are of sufficient severity to qualify him as disabled and entitled to benefits under the Social Security Act. We conclude that substantial evidence supports the ALJ's conclusion. A. Heart Problems

All ECG, EKG, and treadmill tests administered to Kouyoumdjian yielded normal results. The treating physician deemed the only abnormality appearing on any of the tests, a left anterior superior hemiblock, of "only moderate importance." Another doctor concluded Kouyoumdjian had angina pectoris, but three other doctors came to the opposite conclusion. Given the conflict in the evidence, the ALJ was entitled to discredit the doctor's report which suggested a disabling condition. See Magallanes v. Bowen, 881 F.2d 747, 750 (9th Cir. 1989).

Another physician believed that Kouyoumdjian exhibited "acute coronary insufficiency." However, he failed to support his opinion with objective medical findings and therefore the ALJ could properly discount this report. See Burkhart v. Bowen, 856 F.2d 1335, 1339-40 (9th Cir. 1988).

X-rays of Kouyoumdjian's spine were normal, with only "mild degenerative changes," and none of Kouyoumdjian's treating physicians suggested that the lower back pain he claims he experiences significantly limits his occupational capabilities.

One opthalmologist suggested Kouyoumdjian might have trouble performing "sustained close work." However, another opthalmologist found Kouyoumdjian's eye problems remediable with a change in eyeglass prescription. The ALJ was entitled to resolve this conflict in the evidence with a finding that Kouyoumdjian's vision problems would not prevent him from returning to his previous work.

2 Mental Impairments

Kouyoumdjian also claims he suffers from disabling mental impairments.

Kouyoumdjian's treating physician found Kouyoumidjian to be well-oriented in all spheres, without hallucinations, thoughts of suicide, or delusions, and possessed of average intellect, good insight, and judgment. The treating physician did conclude that Kouyoumdjian was suffering from depressive neurosis and generalized anxiety disorder. Nevertheless, he considered Kouyoumdjian's response to medication "fairly good" and emphasized that these problems had not prevented Kouyoumdjian from working when he lived in the USSR. By contrast, the three consulting psychiatrists concluded Kouyoumdjian (1) suffered from severe depression; (2) had experienced a large drop in I.Q.; and (3) exhibited signs of schizophrenia.

Given this conflict of opinions, we cannot fault the ALJ for relying upon the diagnosis of the treating physician. We accord "special weight" to the medical opinions of the treating physician. Embrey v. Bowen, 849 F.2d 418, 421 (9th Cir. 1988).¹

Kouyoumdjian also argues that the Secretary improperly evaluated Kouyoumdjian's excess pain testimony.

Kouyoumdjian testified to suffering severe pain throughout his body. The ALJ made explicit findings to support his decision to discredit Kouyoumdjian's excess pain testimony, and the record supports those findings.

4 Aggregate Effect of Impairments

Kouyoumdjian maintains that the ALJ failed to consider the combined effect of Kouyoumdjain's alleged impairments in making his disability determination. The ALJ's specific findings explicitly conclude that Kouyoumdjian failed to establish "an impairment or combination of impairments" of disabling severity.

AFFIRMED.