Opinion
No. 12-17526
11-12-2015
KRISTEN G. WILSON, Plaintiff - Appellant, v. COMMISSIONER OF SOCIAL SECURITY, Defendant - Appellee.
NOT FOR PUBLICATION
D.C. No. 1:11-cv-01238-JLT MEMORANDUM Appeal from the United States District Court for the Eastern District of California
Jennifer L. Thurston, Magistrate Judge, Presiding
Before: LEAVY, GRABER, and OWENS, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Plaintiff Kristen G. Wilson appeals the district court's judgment affirming the Commissioner of Social Security's denial of her application for disability insurance benefits and supplemental security income under Titles II and XVI of the Social Security Act. Reviewing de novo, we may set aside a denial of benefits only if it is not supported by substantial evidence or rests on legal error. Ghanim v. Colvin, 763 F.3d 1154, 1159 (9th Cir. 2014). We affirm.
The administrative law judge ("ALJ") permissibly gave less weight to the opinion of consultive examiner Shireen Damania, M.D., by providing specific and legitimate reasons, supported by substantial evidence. See Ghanim, 763 F.3d at 1161 (stating standard). The ALJ noted that Dr. Damania's opinion was inconsistent with her own findings that Plaintiff had a normal attention span, intact memory, and ability to do simple calculations. The ALJ also noted that Dr. Damania's opinion was inconsistent with Plaintiff's reported activities, including taking care of her own personal hygiene without assistance, watching television, and shopping with her spouse. The ALJ permissibly gave greater weight to the state agency physician's opinion because it is more consistent with the record as a whole.
Accordingly, substantial evidence supports the ALJ's determination that Plaintiff was not disabled within the meaning of the Social Security Act.
AFFIRMED.