Gina Maria Croft v. NANCY A. BERRYHILL, Acting Commissioner Social Security

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
GINA MARIA CROFT,
Plaintiff-Appellant,
v.
NANCY A. BERRYHILL, Acting
Commissioner Social Security,
Defendant-Appellee.
No. 15-35239
D.C. No. 3:13-cv-01625-AC
MEMORANDUM*
Appeal from the United States District Court
for the District of Oregon
John V. Acosta, Magistrate Judge, Presiding
Submitted March 23, 2018 **
San Francisco, California
Before: FARRIS, CANBY, and LEAVY, Circuit Judges.
Gina Croft appeals the district court’s decision affirming the Commissioner
of Social Security’s denial of Croft’s application for supplemental security income
FILED
MAR 26 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).

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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 identified specific, clear and convincing reasons that are supported
by substantial evidence for discounting Croft’s credibility regarding the
debilitating effects of her symptoms: (1) her statements were inconsistent with the
medical evidence of record and her work activity; and (2) and treatment for
headaches was infrequent. See Burch v. Barnhart, 400 F.3d 676, 680 (9th Cir.
2005) (holding that an ALJ can consider a lack of supporting medical evidence
when assessing credibility); Greger v. Barnhart, 464 F.3d 968, 972 (9th Cir. 2006)
(holding that continued work undermines disability); Molina v. Astrue, 674 F.3d
1104, 1113 (9th Cir. 2012) (quoting SSR 96–7p: “the individual’s statements may
be less credible if the level or frequency of treatment is inconsistent with the level
of complaints”).
The ALJ properly gave significant weight to the opinion of Dr. Nolan
because it was consistent with his examination of Croft. Orn v. Astrue, 495 F.3d
625, 632 (9th Cir. 2007). However, the ALJ properly did not incorporate Dr.
Nolan’s opined limitations involving bending, twisting, turning, pushing, and
pulling because it was inconsistent with Croft’s longitudinal record.
2

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The ALJ gave germane reasons for discounting physical therapist Ms. Deal’s
opinion because her opinion that Croft could rarely squat or climb stairs and should
avoid strenuous walking due to her hypertension was inconsistent with evidence
that Croft has not been symptomatic since her application date of 2010. The ALJ
also properly noted that Croft’s medical records both before and after Ms. Deal’s
August 2004 examination differed significantly from Ms. Deal’s findings. Bayliss
v. Barnhart, 427 F.3d 1211, 1218 (9th Cir. 2005) (holding that an inconsistency
with the medical record is a germane reason to discount the opinion of a non-
acceptable medical source). Moreover, the ALJ properly found that Croft’s work
activity from 2005-06 undermined Ms. Deal’s 2004 opinion.
The ALJ properly gave little weight to physical therapist Ms. Kershaw’s
opinion because it was internally inconsistent and inconsistent with other
examinations in the record. Bayliss, 427 F.3d at 1218.
The ALJ gave a germane reason for assigning only “some weight” to the lay
witness Tina Croft because her opinion regarding Croft’s abilities to walk, stand,
bend, or climb stairs was inconsistent with imaging results and objective evidence
in the record, which is a germane reason for discrediting lay testimony. Bayliss,
427 F.3d at 1218.
3

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At Step 4, the ALJ properly found Croft was capable of performing her past
relevant work of gas station attendant as actually performed, which she performed
at an exertional level of light. This Court need not address the ALJ’s alternative
finding at Step 5 that Croft can perform the full range of both sedentary and light
jobs because the ALJ properly determined at Step 4 that Croft could return to her
past relevant work as actually performed.
AFFIRMED.
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