Christ Richardson v. Commissioner of Social Securit

MEMORANDUM

Christ Ray Richardson appeals the district court’s judgment affirming the Commissioner of Social Security’s denial of his application for disability insurance benefits and supplemental security income under Titles II and XVI of the Social Security Act. Richardson contends that the administrative law judge (“ALJ”) erred by reject ing the opinion of examining psychologist Dr. Hawkins, in favor of the opinion of non-examining psychiatrist Dr. Luu, concerning his residual functional mental capacity, and by finding that Richardson was not fully credible concerning the severity of his mental limitations. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm.

This court reviews the district court’s order de novo, and may set aside the denial of benefits only if it is not supported by substantial evidence or is based on legal error. Thomas v. Barnhart, 278 F.3d 947, 954 (9th Cir.2002).

The ALJ provided specific and legitimate reasons for giving limited weight to Dr. Hawkins’s opinion that Richardson had a poor ability to maintain concentration, persistence, and pace, in favor of the less restrictive opinion of Dr. Luu, who opined that Richardson had only mild…