Rick Hart v. Carolyn W. Colvin

MEMORANDUM

Rick Allen Hart appeals pro se the dis-' trict court’s summary judgment affirming the Commissioner of Social Security’s denial of his applications for disability insurance benefits and supplemental security income under Titles II and XVI of the Social Security Act. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, Molina v. Astrue, 674 F.3d 1104, 1110 (9th Cir.2012), and affirm.

The administrative law judge (“ALJ”) properly accorded “less weight” to the contradicted opinion of Dr. Beatrice Song, a treating primary care physician. See Garrison. v. Colvin, 759 F.3d 995, 1012 (9th Cir.2014). The ALJ provided specific and legitimate reasons supported by substantial evidence for giving “the most weight” to the opinions of another treating physician and an examining physician. The ALJ explained that the other treating phy■sician had relevant expertise as an orthopedic specialist, see Molina, 674 F.3d at 1112 , that Dr. Song’s opinion was undermined by evidence that Hart performed substantial gainful activity during part of the period during which Dr. Song found him disabled, see Valentine v. Comm’r Soc. Sec. Admin., 574 F.3d 685, 692-93 (9th Cir.2009), and…