Saxon v. Bisignano
── Saxon v. Bisignano ──
Court: Court of Appeals for the Ninth Circuit
Date: April 15, 2026
Category: General
NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS APR 15 2026
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
DAWN MARIE SAXON, No. 25-467
D.C. No.
Plaintiff - Appellant, 3:23-cv-01311-YY
v.
MEMORANDUM*
FRANK BISIGNANO, Commissioner of
Social Security,
Defendant - Appellee.
Appeal from the United States District Court
for the District of Oregon
Youlee Yim You, Magistrate Judge, Presiding
Submitted April 13, 2026**
San Francisco, California
Before: RAWLINSON, R. NELSON, and BADE, Circuit Judges.
Plaintiff-Appellant Dawn Marie Saxon appeals the district court’s order
affirming the Commissioner of Social Security’s denial of her applications for
disability insurance benefits and supplemental security income under Titles II and
*
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).
XVI of the Social Security Act. We have jurisdiction under 28 U.S.C. § 1291, and
we affirm.
1. The administrative law judge (ALJ) did not ignore critical medical
evidence when assessing Saxon’s residual functional capacity. The ALJ
determined that Saxon was moderately limited in her ability to understand,
remember, or apply information, as well as to concentrate, persist, or maintain
pace, and thus noted the following nonexertional limitations, among others:
“[Saxon] is limited to understanding and remembering simple
instructions[,] . . . [and] limited to simple, routine, repetitive tasks and simple work
related decisions.” These restrictions are consistent with Saxon’s limitations
concerning memory, concentration, persistence, and pace as identified by Michael
Leland, Psy.D., CRC (Dr. Leland) and State agency psychological consultant Sheri
L. Tomak, Psy.D. See Stubbs-Danielson v. Astrue, 539 F.3d 1169, 1174 (9th Cir.
2008) (“An ALJ’s assessment of a claimant adequately captures restrictions related
to concentration, persistence, or pace where the assessment is consistent with
restrictions identified in the medical testimony.”).
Nor did the ALJ err in evaluating Dr. Leland’s medical opinion. ALJs are
required to evaluate medical opinions for their persuasiveness, considering the
opinion’s “supportability” and “consistency” as “the most important factors.” See
20 C.F.R. §§ 404.1520c(b)(2), 416.920c(b)(2). The ALJ evaluated the
2 25-467
persuasiveness of Dr. Leland’s opinion based on the extent to which it was
supported by objective medical findings and consistent with the evidence in the
record, and the ALJ’s conclusions are supported by substantial evidence. See
Woods v. Kijakazi, 32 F.4th 785, 791–93 (9th Cir. 2022) (explaining that an ALJ
may discount a medical opinion that lacks explanation); Ford v. Saul, 950 F.3d
1141, 1156 (9th Cir. 2020) (reasoning that an ALJ may discount a medical opinion
if the expert’s descriptors are vague and fail to specify a claimant’s functional
limits). And finally, the ALJ was not required to recontact Dr. Leland to perform a
specific functional assessment because the record was sufficient for the ALJ to
render a disability determination.
2. The ALJ also did not err in discounting Saxon’s symptom testimony
{# E23 (Nick, ruling section 1 answer 10): quoting a bill or a court opinion works
the way quoting a news article works. Select a passage above and the same panel
opens: the passage goes to the official you choose, with this document's own
address as its source and its own type. #}