Steven Rigby v. Michael Astrue

MEMORANDUM

Steven Rigby appeals pro se from a judgment of the district court affirming the Commissioner of Social Security’s de nial of his applications for disability insurance and supplemental security income benefits under Titles II and XVI of the Social Security Act. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

We review de novo a district court’s judgment upholding the denial of social security benefits. Tommasetti v. Astrue, 533 F.3d 1035, 1038 (9th Cir.2008). We must affirm the denial of benefits unless it is based on legal error or the findings of fact are not supported by substantial evidence. Valentine v. Comm’r Soc. Sec. Admin., 574 F.3d 685, 690 (9th Cir.2009).

Rigby contends the ALJ improperly discredited his subjective statements concerning the intensity, persistence, and limiting effects of his symptoms before March 23, 2006. An ALJ’s credibility determination must be based on specific findings supported by substantial evidence and clear and convincing reasons. Tommasetti, 533 F.3d at 1039 ; Carmickle v. Comm’r, Soc. Sec. Admin., 533 F.3d 1155, 1160 (9th Cir.2008). The ALJ found Rigby’s subjective statements inconsistent with his treatment…