Danae K. Howell v. Frank Bisignano

Tacoma, Washington social security disability lawyer represented the Plaintiff seeking review of the denial of her application for SSI benefits by HHS.



"When objective medical evidence is inconsistent with a claimant's

subjective testimony, an ALJ can reject the claimant's testimony about the severity

of [her] symptoms only by offering specific, clear, and convincing reasons for

doing so . . . .” Kitchen, 82 F.4th at 739 (omission in original) (quoting Smartt, 53

F.4th at 494). The ALJ did so here, explaining that Howell had "improvement

with regard to the foot drop through physical therapy” and "relief from [back] pain

with medical management and the use of heat or ice.” The ALJ also noted that

Howell "reported relief with medications and stretching exercises.” Finally, the

ALJ commented that Howell underwent a conservative treatment plan, explaining

that she did not "want to try injection therapy but [would] continue with

medications and other conservative modalities to manager her pain.” These are all

"specific, clear, and convincing reasons” for discrediting Howell's symptom

testimony. Id.; see also Para v. Astrue, 481 F.3d 742, 751 ("We have previously

indicated that evidence of conservative treatment is sufficient to discount a

claimant's testimony regarding severity of an impairment.”) (internal quotation

marks

Affirmed