Gallo v. Commissioner of Social Security Administration

MEMORANDUM

Denise Gallo appeals from the district court’s judgment affirming the Social Security Commissioner’s denial of her application 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 , and we affirm.

1. Gallo contends that the ALJ erroneously rejected three categories of evidence when determining her exertional limitations: (1) Gallo’s testimony concerning such severe symptoms as intermittent, excruciating pain in her back and an inability to walk for more than ten minutes; (2) corroborating lay witness statements by Gallo’s son; and (3) two physician reports.

We conclude that the ALJ properly rejected each category of evidence. Gallo’s testimony about the severity of her symptoms conflicted with the objective medical evidence — her physicians recommended only conservative treatment because they found that she suffered only “mild degenerative changes” — and also with her own statements about her college course work and the extent of her other daily activities. This contradictory evidence adequately supports the ALJ’s deeision to discount Gallo’s testimony. See…