Fritz v. Commissioner of Social Security Administration

MEMORANDUM

Fritz appeals from the district court’s summary judgment upholding the Commissioner’s final denial of benefits. We have jurisdiction under 28 U.S.C. § 1291 . We apply de novo review, Lewis v. Astrue, 498 F.3d 909, 911 (9th Cir.2007), and affirm.

Substantial evidence supports the administrative law judge’s (ALJ) finding that Fritz would not need five-minute breaks after every hour of standing or walking. The contrary testimony of Dr. Jensen, a nonexamining, nontreating physician, conflicts with that of Dr. Kumar, an examining physician, and is not otherwise supported by the record. See Lester v. Chater, 81 F.3d 821, 831 (9th Cir.1995).

The ALJ offered specific, clear, and convincing reasons to support his adverse credibility finding against Fritz, including (1) the reports of Dr. Kumar and other physicians, (2) the lack of objective medical evidence supporting the alleged limitation, and (3) evidence in the record that Fritz had undergone successful conservative treatment and was able to perform daily functions. See Lingenfelter v. Astrue, 504 F.3d 1028, 1036 (9th Cir.2007).

The ALJ’s refusal to include the rejected limitations in hypothetical questions to the…