Merillat

MEMORANDUM ***

Michelle Merillat, a thirty-four year old individual with a high school education but no past relevant work experience, appeals the decision of the district court affirming the Commissioner of Social Security’s final decision denying disability benefits to her under Titles II and XVI of the Social Security Act, 42 U.S.C. § 401 , et seq., and § 1381, et seq. The ALJ found that Merillat was capable of performing work that exists in substantial numbers in the national economy and thus that she was not disabled.

In her appeal, Merillat argues that the ALJ erred: (1) in finding her not credible; (2) in rejecting the testimony of the lay witnesses; (3) in formulating an improperly vague residual functional capacity determination; (4) in rejecting the testimony of counselor Patricia Thompson; and (5) in not giving significant weight to the opinion of examining psychologist Jane Starbird, Ph.D., expressed in her March 20, 2005 assessment. We are not persuaded that Merillat’s claims of error have merit and find that the ALJ’s decision is supported by substantial evidence.

First, the ALJ did not err in his findings concerning Merillat’s credibility. He noted that despite…