Luper
Luper v. Barnhart
Opinion
Lead Opinion
MEMORANDUM ***
On behalf of her deceased mother, Marcia Peters, Kim Luper appeals the district court’s summary judgment affirming the Commissioner of the Social Security Administration’s denial of Peters’ application for Social Security disability insurance benefits. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo the district court’s decision, and we review for substantial evidence and legal error the Administrative Law Judge’s (“ALJ”) deci *669 sion. Tackett v. Apfel, 180 F.3d 1094, 1097 (9th Cir.1999). We affirm.
We conclude that substantial evidence supports the ALJ’s finding that Marcia Peters was not disabled. See id. at 1098 . The ALJ did not arbitrarily discredit Peters’ testimony because her testimony regarding her daily activities was inconsistent with her allegation of disabling pain, and her treating physician indicated he was unsure whether Peters was a malingerer. See Lester v. Chater, 81 F.3d 821, 834 (9th Cir.1995). Similarly, the ALJ did not wholly disregard Luper’s testimony. The ALJ properly concluded that Luper’s testimony regarding her mother’s daily activities was inconsistent with Peters’ allegation of disabling pain. See Fair v.…