Vieyra

MEMORANDUM **

Appellant Jose Vieyra (“Vieyra”) appeals the District Court’s grant of summary judgment in favor of the Social Se *974 curity Administration (“SSA”), denying Vieyra’s application for Social Security Disability benefits. The District Court affirmed the Administrative Law Judge (“ALJ”)’s decision, which found that Vieyra was “not entitled to a period of disability or disability insurance benefits under sections 216(i) and 223, respectively, of the Social Security Act.”

We have jurisdiction pursuant to 28 U.S.C. § 1291 . The parties are familiar with the facts and the procedural history of the case. Therefore, we do not repeat them here.

A district court’s order upholding the Social Security Commissioner’s denial of Social Security Disability benefits is reviewed de novo. Moore v. Comm’r of the Soc. Sec. Admin., 278 F.3d 920, 924 (9th Cir.2002). “This court ‘must independently determine whether the Commissioner’s decision (1) is free of legal error and (2) is supported by substantial evidence.’ ” Id. (quoting Smolen v. Chater, 80 F.3d 1273, 1279 (9th Cir.1996)). The Commissioner’s decision must be affirmed if it is supported by substantial evidence and if the proper…

dissenting.

*976 I respectfully dissent.

“An ALJ is not compelled under the treating physician rule to simply discard the contrary opinions of other examining physicians.” Edlund v. Massanari, 253 F.3d 1152, 1158 (9th Cir.2001). Where, as here, the opinion of a claimant’s treating physician is controverted by other expert opinions, the ALJ may reject the treating physician’s opinion for specific and legitimate reasons that are supported by substantial evidence in the record. Id. at 1157 . The opinion of a treating physician may be properly discredited under the “specific and legitimate reason” standard if (1) the claimant’s subjective complaints are properly discredited, and (2) the treating physician’s opinion was premised on the claimant’s subjective complaints. Fair v. Bowen, 885 F.2d 597, 605 (9th Cir.1989); see also Edlund, 253 F.3d at 1158 (holding that a “lack of supporting clinical or laboratory findings” constitutes a specific and legitimate reason for discrediting a treating physician’s opinion). The ALJ’s analysis meets the two-part test set forth in Fair .

We give substantial deference to an ALJ’s credibility determination if it is supported by specific,…