John Depetro v. Carolyn Colvin

MEMORANDUM

John DePetro appeals the district court’s summary judgment affirming the Commissioner of Social Security’s decision denying his application for supplemental security income under Title XVI of the Social Security Act. DePetro contends that an administrative law judge (“ALJ”) erred in giving limited weight to the opinion of examining psychologist Debra Brown, Ph.D., and in giving greater weight to the opinion of non-examining psychological consultant Edward Beaty, Ph.D. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

We review the district court’s order de novo. Andrews v. Shalala, 53 F.3d 1035 , 1039 n. 1 (9th Cir.1995). We may set aside the denial of benefits only if it is not supported by substantial evidence or is based on legal error. 42 U.S.C. § 405 (g); Andrews, 53 F.3d at 1039 .

The ALJ properly rejected Dr. Brown’s unsupported opinion that DePetro had “marked” limitations in his relationships with people and his ability to maintain appropriate behavior in the work setting. See Bray v. Commissioner of Soc. Sec., 554 F.3d 1219, 1228 (9th Cir.2009); Burkhart v. Bowen, 856 F.2d 1335, 1339 (9th Cir.1988) (permitting ALJ to reject medical opinion not…