Lockhart

MEMORANDUM ***

Freddie Mae Lockhart appeals the district court’s decision affirming the Commissioner’s denial of her application for Social Security disability benefits. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review the district court’s order affirming the denial of benefits de novo and affirm if the Commissioner applied the correct legal standards and substantial evidence supports the decision. Benton v. Barnhart, 331 F.3d 1030, 1035 (9th Cir.2003). Because the Commissioner’s finding that Lockhart can perform her past relevant work is supported by substantial evidence in the record, we affirm.

Lockhart argues that the ALJ improperly rejected her pain testimony. Having concluded that Lockhart suffered from severe impairments that could reasonably be expected to produce pain, the ALJ could not discount her claims of pain, solely on a lack of objective medical evidence, without finding evidence of malingering or expressing clear and convincing reasons for rejecting the subjective complaints of pain. Id. at 1040 . The record establishes that the ALJ applied the proper factors set forth in 20 C.F.R. § 404.1529 , did not reject the complaint of pain solely due to a…