Trent

MEMORANDUM ***

Tommy R. Trent appeals the district court’s summary judgment affirming the decision of the Commissioner of Social Security denying his application for disability insurance benefits under the Social Security Act. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo the *676 district court’s decision and must uphold the Commissioner’s decision if it is supported by substantial evidence and free of legal error. Smolen v. Chater, 80 F.3d 1273, 1279 (9th Cir.1996). We affirm.

Trent’s argument that the ALJ’s negative credibility determination concerning his pain and symptoms testimony is not supported by clear and convincing reasons is not persuasive because the ALJ pointed to evidence in the record supporting his findings. See Lester v. Chater, 81 F.3d 821, 834 (9th Cir.1995); Fair v. Bowen, 885 F.2d 597, 604 (9th Cir.1989).

Because Trent’s treating physician’s supplemental evidence was based on Trent’s subjective complaints of ankle pain and stiffness, which the ALJ already properly discounted, the ALJ properly rejected Dr. Daly’s opinion. See Fair v. Bowen, 885 F.2d at 605 .

The Montana State Agency Residual Functional Capacity Assessment form,…