Castillo v. Bisignano
CourtCourt of Appeals for the Ninth Circuit
Date FiledOctober 29, 2026
Docket25-3347
StatusUnpublished
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Full Opinion
NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS OCT 29 2026
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
ANGELA L. CASTILLO, No. 25-3347
D.C. No.
Plaintiff - Appellant, 5:23-cv-05909-EJD
v.
MEMORANDUM*
FRANK BISIGNANO, Commissioner of
Social Security,
Defendant - Appellee.
Appeal from the United States District Court
for the Northern District of California
Edward J. Davila, District Judge, Presiding
Submitted October 27, 2026**
San Francisco, California
Before: CLIFTON, BYBEE, and SUNG, Circuit Judges.
Claimant Angela Castillo timely appeals the district court’s decision
affirming the decision of an Administrative Law Judge (“ALJ”) denying her
application for disability insurance benefits. We have jurisdiction under 28 U.S.C.
*
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).
§ 1291. We review the district court de novo and may set aside the ALJ’s denial of
benefits “only if it is not supported by substantial evidence or if it is based on legal
error.” Nadon v. Bisignano, 145 F.4th 1133, 1336 (9th Cir. 2025). “Where the
evidence is susceptible to more than one rational interpretation, the ALJ’s decision
must be affirmed.” Smartt v. Kijakazi, 53 F.4th 489, 494 (9th Cir. 2022).
1. Substantial evidence supports the ALJ’s decision to discount the medical
opinions from Castillo’s September 2022 and June 2023 examinations. Because
Castillo filed her application for benefits on or after March 27, 2017, 20 C.F.R.
§ 416.920c governs. See Cross v. O’Malley, 89 F.4th 1211, 1214 (9th Cir. 2024).
Under these regulations, the ALJ must consider various factors in determining how
persuasive medical opinions are, and supportability and consistency are “[t]he most
important factors.” Woods v. Kijakazi, 32 F.4th 785, 791 (9th Cir. 2022).
Supportability is the degree to which a medical source presents relevant “objective
medical evidence and supporting explanations.” 20 C.F.R. § 416.920c(c)(1).
Consistency is whether a medical opinion is consistent “with the evidence from
other medical sources and nonmedical sources.” Id. § 416.920c(c)(2).
In September 2022, Castillo underwent a neurological consultative
examination, which found that she had intact sensation, normal muscle tone and
bulk, 5/5 power throughout, smooth “[f]inger-nose-finger, fine finger movements
and rapid alternating movements” in both hands, grossly intact gait that became
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unstable, difficulty hopping and balancing on her left foot, and normal reflexes.
Despite these findings, the consulting physician opined that Castillo could perform
less than the full range of sedentary work. The ALJ acknowledged that, while there
were some abnormalities in Castillo’s examination, it was largely unremarkable,
such that the consulting physician’s opinion was unsupported and inconsistent with
other medical evidence. Additionally, as the ALJ noted, considering all the record
evidence, Castillo quite consistently had normal gait, full strength, no weakness,
full sensation, and minimal complaints to her providers. See Smartt, 53 F.4th at
495–96 (upholding the ALJ’s rejection of a medical opinion where the ALJ
“identified specific conflicts between [the] opinion and the clinical evidence”).
The record also supports the ALJ’s decision to discount a second examining
physician’s opinion from June 2023. In support of the opinion, the second
physician cited only diagnostic imaging and subjective complaints from Castillo,
without providing the details of the doctor’s own examination findings. The
doctor’s decision to check off boxes indicating that Castillo could not meet the
demands of sedentary work is thus not supported. See Kitchen v. Kijakazi, 82 F.4th
732, 740–41 (9th Cir. 2023) (noting that ALJs may discount medical opinions set
forth in a check-box form when they contain “little to no explanation” (citing Ford
v. Saul, 950 F.3d 1141, 1155 (9th Cir. 2020))).
Castillo argues that relapsing and remitting multiple sclerosis (“MS”)
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typically presents with waxing and waning symptoms, so evidence of normal
symptoms is consistent with the medical opinions that the ALJ discounted. Castillo
does not cite any record evidence or binding authority to support this contention.
But even if true, most of the objective medical evidence indicates Castillo’s
symptoms were consistently normal, with largely normal gait, normal strength,
normal reflexes, and normal sensation. The most remarkable of her objective exam
findings were relatively mild: some numbness and occasional difficulty with
tandem gait. That is inconsistent with the medical opinions concluding that Castillo
could barely sit, stand, or walk. See Nadon, 145 F.4th at 1138 (relying on
examination records to conclude that the ALJ had ample reason to reject a medical
expert’s inconsistent findings). The ALJ provided specific reasons for discounting
these medical opinions, and Castillo has not identified objective medical evidence
that the ALJ overlooked.
2. The ALJ’s residual functioning capacity (“RFC”) assessment adequately
accounted for Castillo’s vitamin B-12 deficiency. The ALJ considered Castillo’s
history of vitamin B-12 deficiency and found it severe at step two. But, as the ALJ
acknowledged, Castillo was noncompliant with treatment, refusing to take the
injections that had previously fully resolved her B-12 deficiency symptoms. See
Wellington v. Berryhill, 878 F.3d 867, 876 (9th Cir. 2017) (“[E]vidence of medical
treatment successfully relieving symptoms can undermine a claim of disability.”).
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Further, no medical sources opined that Castillo had work-related mental
restrictions caused by her B-12 deficiency. And there is no objective medical
evidence that Castillo’s symptoms were particularly significant; the relevant record
evidence points only to mild memory issues. Thus, substantial evidence supports
that Castillo’s B-12 deficiency was not sufficiently severe to functionally limit her
ability to work, and the ALJ was justified in not including a corresponding
limitation in the RFC.
3. Substantial evidence supports the ALJ’s decision to reject aspects of
Castillo’s subjective symptom testimony. If a claimant has presented objective
medical evidence of an underlying impairment and there is no evidence she is
malingering, the ALJ must provide “specific, clear and convincing reasons” for
discounting the claimant’s testimony. See Garrison v. Colvin, 759 F.3d 995, 1014–
15 (9th Cir. 2014). This standard requires that the ALJ “show [her] work” by
providing a rationale “clear enough that it has the power to convince.” Smartt, 53
F.4th at 499. The ALJ did so here.
First, the ALJ explained that Castillo’s testimony conflicted with the
objective medical evidence. Castillo testified she was often so weak that she could
not even brush her own teeth, but objective examination findings consistently
showed normal reflexes, normal strength, and mostly normal gait. “When objective
medical evidence in the record is inconsistent with the claimant’s subjective
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testimony, the ALJ may indeed weigh it as undercutting such testimony.” Smartt,
53 F.4th at 498 (emphasis omitted). Second, the ALJ noted that Castillo’s
testimony differed from her reports to treatment providers. She testified she could
walk for only 10 minutes at a time, sit 10 to 15 minutes at a time, and lift half a
gallon of milk. But she did not report any such difficulties walking, sitting, or
lifting to her providers, and in fact expressly denied weakness and trouble walking
at some appointments. The ALJ thus provided specific, clear, and convincing
reasons for discounting Castillo’s testimony.
4. Castillo’s argument that the ALJ erred by posing an incomplete
hypothetical to the vocational expert is derivative of Castillo’s challenges to the
ALJ’s RFC assessment. Because the ALJ’s assessment was supported by
substantial evidence, as discussed above, this argument necessarily fails. See
Osenbrock v. Apfel, 240 F.3d 1157, 1165 (9th Cir. 2001) (holding an ALJ’s
omission of an impairment from a hypothetical was proper where that impairment
was not supported by substantial evidence).
AFFIRMED.
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