Mercer

MEMORANDUM *

Garry L. Mercer (Mercer) appeals from the district court’s grant of summary judg *626 ment in favor of the Commissioner of the Social Security Administration (Commissioner), upholding a denial of disability insurance benefits under Title II of the Social Security Act, 42 U.S.C. §§ 401 ^434. Because the parties are familiar with the facts, we do not recount them here, except as necessary to explain our decision. We have jurisdiction pursuant to 28 U.S.C. § 1291 , review the district court’s decision affirming the Commissioner’s denial of benefits de novo, Burch v. Barnhart, 400 F.3d 676, 679 (9th Cir.2005), and affirm.

Mercer argues that the administrative law judge (ALJ) erred by discounting the opinions of a treating physician, Dr. David Mitchell, and of a non-examining orthopedic specialist, Dr. Thomas L. Gritzka, such that the decision to find him ineligible for disability insurance benefits is not supported by substantial evidence in the record or by the application of correct legal standards. See Batson v. Comm’r of Soc. Sec. Admin., 359 F.3d 1190, 1193 (9th Cir.2004). We disagree.

As an initial matter, Mercer is incorrect that the ALJ gave “no weight” to Dr.…