Marlene Conley v. Michael Astrue

MEMORANDUM

Marlene Conley appeals the decision of the district court upholding the final determination of the Social Security Commissioner denying her claim for disability insurance benefits and supplemental security income benefits under Titles II and XVI of the Social Security Act. Because we conclude 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.

Conley argues that the ALJ “erred as a matter of law in its credibility analysis as to Conley herself.” The ALJ found that Conley suffers from systemic lupus erythematosus and fibromyalgia, both of which could reasonably produce the symptoms complained of, and that there was no evidence of malingering. An adverse credibility finding must therefore be based on clear and convincing reasons. See Carmicke v. Comm’r, Soc. Sec. Admin., 533 F.3d 1155, 1160 (9th Cir.2008) (citing Smolen v. Chater, 80 F.3d 1273, 1281 (9th Cir.1996)). In making the credibility determination, the ALJ may consider “inconsistencies between the claimant’s testimony and ... her conduct, daily activities, and work record.” Bray, 554…