Darin Frisbie v. Michael Astrue

MEMORANDUM

Darin Frisbie appeals the district court’s judgment affirming the Administrative Law Judge’s (“ALJ’s”) denial of Social Se curity benefits. We review the district court’s decision de novo, and we uphold the Social Security Administration’s disability determination “unless it contains legal error or is not supported by substantial evidence.” Or n v. Astrue, 495 F.3d 625, 630 (9th Cir.2007). We affirm.

Frisbie alleges that he is unable to work because of debilitating pain in his back and legs. The ALJ found that Frisbie had severe impairments that were “capable of causing pain” but found that the medical evidence did not corroborate the degree of pain Frisbie alleged. That finding was supported by substantial evidence, including the reports of examining and treating physicians. The ALJ discredited Frisbie’s testimony and concluded that he had the residual functional capacity to perform light work. We agree with the district court that the ALJ gave a “clear and convincing” reason for discrediting Fris-bie’s testimony. See Osenbrock v. Apfel, 240 F.3d 1157, 1165 (9th Cir.2001).

In response to repeated questioning by the ALJ, Frisbie stated that he had not worked for pay…