Dean v. Commissioner Social Security Administration

MEMORANDUM

Christopher Dean (“Dean”) appeals the district court’s judgment affirming the decision of the administrative law judge (“AL J”) denying his application for disabil ity benefits. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

The ALJ did not err in finding that Dean’s impairments did not meet or equal Listing 1.04B. There is no objective medical evidence that Dean’s spinal arachnoidi-tis was “manifested by severe burning or painful dysesthesia, resulting in the need for changes in position or posture more than once every 2 hours.” 20 C.F.R. § 404 , Subpart P, Appendix 1, Listing 1.04B. The only evidence of severe burning or painful dysesthesia resulting in the need for changes in position or posture more than once every two hours is Dean’s own discredited testimony and the testimony of his wife, to which the ALJ gave little weight. The ALJ’s determination is thus supported by substantial evidence. See Orn v. Astrue, 495 F.3d 625, 630 (9th Cir.2007).

The ALJ did not err in giving little weight to Dean’s wife’s testimony. The ALJ properly considered Ms. Dean’s testimony, but gave germane reasons that are supported by substantial evidence for disregarding…