Tuan Du v. Michael Astrue

MEMORANDUM

Du appeals from the district court’s summary judgment against his claim for supplemental security income and disability benefits. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Any error by the administrative law judge (ALJ) in not discussing the report by Dr. Paula Chaffee was harmless because Dr. Chaffee’s report was consistent with the residual functional capacity found by the ALJ. See Stout v. Comm’r, Soc. Sec. Admin., 454 F.3d 1050, 1055-56 (9th Cir.2006).

Du’s argument that the ALJ did not properly consider the combined effect of his impairments fails as to the step two analysis because that step was resolved in Du’s favor. Stout, 454 F.3d at 1055 . It also fails as to the step three analysis because Du has not shown that he presented evidence to establish equivalence to any listing. See Burch v. Barnhart, 400 F.3d 676, 683 (9th Cir.2005).

We affirm the ALJ’s adverse credibility finding against Du because it was supported by specific, clear, and convincing reasons drawn from reports by Dr. Matthew Kanzler and Dr. Eza Kafi, treatment notes by Dr. John Phan, and the April 2007 report from the internal medicine consultative examination. See…