Anthony Wilson v. Carolyn Colvin
Opinion
Opinion
MEMORANDUM
Anthony Wilson (“Wilson”) appeals the district court’s judgment affirming the decision of the administrative law judge (“ALJ”) denying his application for disability benefits. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.
The ALJ did not err in finding Wilson incredible. If objective medical evidence of an underlying impairment exists, “and there is no evidence of malingering, ‘the ALJ can reject the claimant’s testimony about the severity of [his] symptoms only by offering specific, clear and convincing reasons for doing so.’ ” Lingenfelter v. Astrue, 504 F.3d 1028, 1036 (9th Cir.2007) (quoting Smolen v. Chater, 80 F.3d 1273, 1281 (9th Cir.1996)). The ALJ gave specific, clear and convincing reasons for rejecting Wilson’s complaints of disabling pain. Among other findings, the ALJ found that Wilson declined to pursue both aggressive and conservative forms of treatment, and that he went more than a year without any medication or medical treatment, save for sporadic use of medical marijuana, for his pain. These findings, supported by substantial evidence in the record, undermined Wilson’s allegations concerning the severity of his pain.