Mark Boisjolie v. Carolyn Colvin

MEMORANDUM

Mark L. Boisjolie 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. Boisjolie contends that an administrative law judge (“ALJ”) erred in giving limited weight to the opinion of examining psychologist Frank Rosekrans, Ph.D., and little weight to advanced registered nurse practitioner Debra L. Miller. 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. Rosek-rans’s unsupported opinion that Boisjolie had certain “marked” and “moderate” limitations affecting his ability to work. See Bray v. Comm’r of Soc. Sec. Admin., 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 supported by objective findings). These limitations were unsupported…