Mike Gopher v. Carolyn W. Colvin

MEMORANDUM

Mike Gopher appeals the district court’s summary judgment order affirming the Commissioner of Social Security’s decision denying his application for This disposition is not appropriate for supplemental security income under Title XVI of the Social Security Act. Gopher contends that in assessing his residual functional capacity, the administrative law judge (“ALJ”) failed to accord proper weight to two physicians’ opinions. He also contends that the ALJ erred in assessing the credibility of his statements concerning his symptoms. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

We review the district court’s order de novo. Molina v. Astrue, 674 F.3d 1104, 1110 (9th Cir.2012). We may set aside the denial of benefits only if it is not supported by substantial evidence or is based on legal error. Id.

The ALJ properly assessed the opinions of Drs. Paul Donaldson and Ernest Gray. In contrast to Dr. Donaldson, an examining physician who opined that Gopher could be “on his feet” for possibly two to three hours in an eight-hour work day, the ALJ found that Gopher could stand or walk for about six hours in an eight-hour work day. The ALJ’s reasoning that the amount…