Rebecca Buckner-Larkin v. Michael Astrue

MEMORANDUM

Rebecca Buckner-Larkin appeals the decision of the district court affirming the final determination of the Social Security Commissioner denying her claim for disability benefits. Buckner-Larkin argues that the Administrative Law Judge (“ALJ”) committed four legal errors in determining that she was not disabled within the meaning of 42 U.S.C. § 423 (d) during the relevant period. Because we find that the ALJ’s decision was not based on legal error and was supported by substantial evidence, Bray v. Comm’r of Soc. Sec. Admin., 554 F.3d 1219, 1222 (9th Cir. 2009), we affirm.

Buckner-Larkin first argues that her residual functional capacity (“RFC”) was incorrectly determined because the ALJ did not set forth a function-by-function assessment or account for pain. Yet, in accordance with Social Security Ruling 96-8p, the ALJ defined her RFC as “sedentary,” SSR 96-8p, 1996 WL 374184 (July 2, 1996), which includes well-defined function-by-function parameters. See 20 C.F.R. § 404.1567 (a); SSR 96-9p, 1996 WL 374185 (July 2, 1996). Her RFC also included a sit-stand option, which is most reasonably interpreted as sitting or standing “at-will,” based on the record. Finally, the…