Sean Lerch v. Commissioner Social Security A

MEMORANDUM

Sean Lerch appeals the district court’s judgment affirming the Commissioner of Social Security’s decision denying his application for disability insurance benefits under Title II of the Social Security Act. Lerch contends that the Administrative Law Judge (“ALJ”) erred in not properly considering his need to use a restroom at unpredictable times, and the limitations imposed by an examining physician; erred in discounting the lay witness testimony of his wife; and erred in discounting the Department of Veterans Affairs (“VA”) disability rating. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

We review the district court’s decision 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.

In reaching the residual functional capacity finding, the ALJ properly considered Lerch’s need for frequent unscheduled restroom breaks, and the limitations imposed by examining physician Dr. Ginger. The ALJ concluded that Lerch’s impairment only restricted him to jobs that provided onsite access to a restroom, and the ALJ properly declined to…