Kevin Williams v. Michael Astrue

MEMORANDUM

Kevin Williams appeals the district court’s grant of summary judgment to the Commissioner in a challenge under 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 of Soc. Sec. Admin., 359 F.3d 1190, 1193 (9th Cir.2004) (internal citations omitted). We affirm.

1. There is substantial evidence to support the Administrative Law Judge’s (“ALJ”) determination that Williams was not credible, namely Williams’ inconsistent statements concerning his substance abuse and the effects of his impairment. Williams denied using alcohol, tobacco, or drugs on his first emergency room visit and again denied drug use or a DUI arrest to Dr. Arnold. Williams later told a doctor that he drank “several beers a day” and admitted past marijuana and cocaine use, as well as participation in substance abuse treatment as a result of being charged with a DUI. It was not erroneous for the ALJ to view these inconsistencies as…