Alberto Cadena v. Michael Astrue

MEMORANDUM

Alberto Cadena appeals the district court’s affirmance of the Commissioner of Social Security’s denial of his application for Disability Insurance Benefits and Supplemental Security Income payments under Titles II and XVI of the Social Security Act. We have jurisdiction under 28 U.S.C. § 1291 and we affirm.

Cadena first argues that the ALJ improperly rejected the opinion of Dr. Bert, one of Cadena’s treating physicians. Dr. Bert’s residual functional capacity (RFC) questionnaire contained limitations on walking, sitting, standing, and lifting, which, when combined with Cadena’s need to miss work and take unscheduled breaks, would prevent Cadena from engaging in full-time work. The ALJ accepted Dr. Nolan’s less-restrictive medical testimony, instead of Dr. Bert’s more-restrictive medical opinion. This resulted in an RFC without all of the limitations to which Dr. Bert had opined. This decision of the ALJ was supported by substantial evidence. See Valentine v. Comm’r of Soc. Sec., 574 F.3d 685, 690 (9th Cir.2009). Dr. Bert’s medical opinion was inconsistent with Cadena’s reported level of activity and evidence of improvement in Cadena’s more-recent treatment notes, as…