Walker

MEMORANDUM ***

Kent F. Walker appeals the district court’s decision affirming the Commissioner of Social Security’s denial of disability benefits for fibromyalgia and chronic fatigue syndrome. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

We review the district court’s order affirming the Commissioner’s denial of benefits de novo. Morgan v. Comm’r of Soc. Sec. Admin., 169 F.3d 595, 599 (9th Cir. 1999). We overturn the Commissioner’s decision “only if it is not supported by substantial evidence or is based on legal error.” Id. “Substantial evidence is relevant evidence which, considering the record as a whole, a reasonable person might accept as adequate to support a conclusion.” Thomas v. Barnhart, 278 F.3d 947, 954 (9th Cir.2002).

Walker challenges two aspects of the Commissioner’s decision: the rejection of the testimony of his treating physician, Dr. Press, and the finding that his own testimony about his symptoms was not credible.

A treating physician’s opinion is entitled to more weight than the opinion of a non-treating physician. Andrews v. Shalala, 53 F.3d 1035, 1040-41 (9th Cir.1995). However, the opinion of a non-treating physician may serve as…