Glenn Ocker v. Carolyn W. Colvin

MEMORANDUM

Glenn A. Ocker appeals the district court’s judgment affirming the Commissioner of Social Security’s denial of Ocker’s application for disability insurance income under Title II of the Social Security Act. Ocker alleged disability due to the effects of a brain aneurysm. He contends that the administrative law judge (“ALJ”) erred in interpreting examining psychologist Dr. Laura Seibert’s opinion concerning Ocker’s mental limitations when the ALJ assessed his residual functional capacity. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

We review the district court’s order de novo. Molina v. Astrue, 674 F.3d 1104, 1110 (9th Cir.2012). We may set aside the denial of benefits only if it is not supported by substantial evidence or is based on legal error. Id.

The ALJ found that Ocker had the residual functional capacity to perform work at all exertional levels, but had non-exer-tional limitations that he could only perform simple repetitive tasks by demonstration, could adapt to changes in the workplace that were concrete in nature, and should avoid moving equipment, heights, and being in charge of the safety of others. At step five of the sequential analysis,…