Daniel Nault v. Carolyn Colvin

MEMORANDUM

Daniel Nault appeals the district court’s judgment affirming the Social Security Commissioner’s denial of his application for disability insurance benefits. We review the district court’s decision de novo, Molina v. Astrue, 674 F.3d 1104, 1110 (9th Cir.2012), and we affirm.

The Administrative Law Judge (“ALJ”) did not err in rejecting testimony of Nault and his wife regarding the severity of Nault’s impairments. The ALJ gave specific, clear, and convincing reasons for the rejection of the Naults’ testimony that Nault was completely disabled. See id. at 1112 . The ALJ fairly recounted the testimony regarding the alleged severity of Nault’s disabilities and contrasted it to medical records showing that Nault led “an active life with surfing” and experienced physical symptoms that were “intermittent and positional.”

Nault is mistaken that the ALJ failed to perform a residual functional capacity assessment or account for Nault’s need to shift positions while seated. The ALJ articulated his residual functional capacity assessment over the course of three single-spaced pages. The ALJ acknowledged Nault’s need to switch positions when he stated that Nault “was able to…