John Williams v. Carolyn W. Colvin

MEMORANDUM

Claimant John T. Williams seeks review of a final decision of the Commissioner of Social Security, denying his claim for dis ability insurance benefits and supplemental security income. We review de novo the district court’s decision, which affirmed the Commissioner, and may set aside the Commissioner’s decision only if it contains a legal error or is unsupported by substantial evidence in the record as a whole. Bayliss v. Barnhart, 427 F.3d 1211 , 1214 n. 1 (9th Cir.2005). Claimant argues that substantial evidence does not support the residual functional capacity (“RFC”) finding at step five of the sequential evaluation process. We affirm.

1. Substantial evidence supports the finding by the administrative law judge (“ALJ”) that Claimant exaggerated his symptoms. The ALJ permissibly relied on Claimant’s failure to take medications prescribed for management of his depression. See Molina v. Astrue, 674 F.3d 1104, 1114 (9th Cir.2012) (holding that an ALJ may discount a claimant’s testimony about severity of symptoms if the level of complaint exceeds the level of treatment). The ALJ also permissibly relied on Claimant’s own report that he had stopped working in 2007 not…