Smith v. Commissioner Social Security Administration

MEMORANDUM

Cynthia Smith appeals the district court’s judgment affirming the Commissioner of Social Security’s denial of Smith’s application for disability insurance under Title II of the Social Security Act. Smith alleged disability due to pain caused by a fractured back. We review 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. Molina v. Astrue, 674 F.3d 1104, 1110 (9th Cir.2012). We have jurisdiction under 28 U.S.C. § 1291 . We affirm.

The administrative law judge (“ALJ”) provided specific, clear, and convincing reasons for finding Smith not entirely credible. First, the ALJ properly considered that Smith’s complaints of pain were not proportionate to the medical evidence. See Burch v. Barnhart, 400 F.3d 676, 681 (9th Cir.2005) (holding that lack of medical evidence cannot form the sole basis for discounting pain testimony, but is a factor that an ALJ may consider). Second, the ALJ cited Smith’s failure to pursue her physician’s recommended treatment as a legitimate specific reason. See Fair v. Bowen, 885 F.2d 597, 603 (9th Cir.1989) (holding that an unexplained…