Jourdan v. Commissioner of Social Security Administration

MEMORANDUM

Damon A. Jourdan timely appeals the district court’s decision affirming the Commissioner of the Social Security Administration’s denial of his application for disability insurance benefits under Title II of the Social Security Act, 42 U.S.C. §§ 401-403 . We review de novo a district court’s order upholding such a decision. Batson v. Comm’r of Soc. Sec. Admin., 359 F.3d 1190, 1193 (9th Cir.2004). “The Commissioner’s decision must be affirmed by us if supported by substantial evidence, and if the Commissioner applied the correct legal standards.” Id.

1. The administrative law judge’s (“ALJ”) adverse credibility determination with respect to Jourdan was supported by substantial evidence. See Robbins v. Soc. Sec. Admin., 466 F.3d 880, 882 (9th Cir.2006) (holding that we review for substantial evidence). Jourdan’s ten-year work history following the 1986 accident, his history of drug and alcohol abuse, the course of conservative treatment of his symptoms, and the ALJ’s own observations of Jourdan constitute substantial evidence to support a conclusion that the ALJ did not arbitrarily discredit his testimony.

2. We agree with the lower court that a review of Dr. Wicher’s…