Paul Rimland v. Michael Astrue, No. 08-56148 (9th Cir. 2010)
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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS SEP 02 2010 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT No. 08-56148 PAUL H. RIMLAND, Plaintiff - Appellant, D.C. No. 3:06-cv-02490-JLS-LSP v. MEMORANDUM * MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant - Appellee. Appeal from the United States District Court for the Southern District of California Janis L. Sammartino, District Judge, Presiding Submitted August 31, 2010 ** Pasadena, California Before: KOZINSKI, Chief Judge, O SCANNLAIN and GOULD, Circuit Judges. The ALJ appropriately gave more weight to the medical expert s testimony than to observations made by Rimland s father. See, e.g., Lewis v. Apfel, 236 F.3d * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). page 2 503, 511 (9th Cir. 2001) ( One reason for which an ALJ may discount lay testimony is that it conflicts with medical evidence. ). But the expert s testimony established that Rimland s functional capacity is extremely limited during periods of sickness that occur about four times per year. Even though at least one medical report supports Rimland s claim that the attacks can last for several weeks, the vocational expert didn t testify as to whether they affect Rimland s ability to perform his past relevant work. The ALJ must address that narrow issue on remand. See 20 C.F.R. § 404.1520(e). The evidence adequately supported a finding that Rimland s medical conditions are otherwise under control and, apart from the periodic attacks, would leave him with sufficient functional capacity to perform his past relevant work. Id. § 404.1520(f). REMANDED.
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