Speer

MEMORANDUM **

Pamela Speer (“Speer”) appeals the district court’s affirmation of the Administrative Law Judge’s (“ALJ”) denial of her claim for Social Security disability benefits.

*501 Speer suffers from fibromyalgia. The ALJ found that the “claimant’s fibromyalgia with headaches and mild degenerative joint disease [were] severe impairments,” but that Speer’s allegations regarding her ailments were not entirely credible, and that “the claimant’s medically determinable fibromyalgia [did] not prevent her from performing her past relevant work as a medical claims processor ... and customer service representative.”

Speer’s first claim is that the ALJ erred by relying upon the opinion of a nonexamining physician who did not testify at the hearing. The ALJ, however, relied primarily on the opinion of an examining physician: Dr. Keith Cunningham.

Speer’s second claim is that the ALJ erred by rejecting the opinion of Speer’s treating physician. The ALJ must provide specific, legitimate reasons for rejecting a treating physician’s opinion to favor an examining physician’s opinion. See Lester v. Chater, 81 F.3d 821, 830-31 (9th Cir.1995). One of the reasons cited by the ALJ for…