Leuwanda Guzman v. Michael Astrue

MEMORANDUM

Leuwanda Lynch Guzman appeals the district court’s grant of summary judgment to the Commissioner in a challenge to the Commissioner’s finding that Guzman is not disabled pursuant to Title XVI of the Social Security Act. “[W]e review de novo the district court’s order upholding a decision of the Commissioner denying benefits to an applicant. The Commissioner’s decision must be affirmed by us if supported by substantial evidence, and if the Commissioner applied the correct legal standards.” Batson v. Comm’r for Soc. Sec. Admin., 359 F.3d 1190, 1193 (9th Cir. 2004) (internal citations omitted). We affirm.

1. The Administrative Law Judge (“ALJ”) properly rejected Guzman’s subjective complaint testimony based on “clear and convincing reasons.” Carmickle v. Comm’r of Soc. Sec. Admin., 533 F.3d 1155, 1160 (9th Cir.2008). Guzman testified that her fatigue limited her to standing for thirty minutes and sitting for forty-five minutes, after which her chest, back and shoulders hurt. [ER 103] The ALJ was entitled to discredit this testimony as inconsistent with Guzman’s reported daily activities, including her testimony that she regularly socializes in nightclubs and bars and…