Hopkins

MEMORANDUM ***

Louis Hopkins appeals the district court’s summary judgment affirming the Commissioner of Social Security’s denial of his application for disability insurance benefits. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo the district court’s order upholding the Commissioner’s denial of benefits. Burch v. Barnhart, 400 F.3d 676, 679 (9th Cir.2005). We may set aside a denial of benefits “only if it is not supported by substantial evidence or if it is based on legal error.” Flaten v. Sec’y of HHS, 44 F.3d 1453, 1457 (9th Cir.1995). Because the parties are familiar with the factual and procedural history of the case, we need not recount it here.

We reject Hopkins’s assertion that the ALJ erroneously failed to consider limitations resulting from his neck pain and the side effects of his medications. The ALJ specifically found that Hopkins had discogenic disk disease and noted that Hopkins experienced mild tenderness over the paracervical muscles. The ALJ was not obligated to consider Hopkins’s claim that his medication made him drowsy because Hopkins provided no evidence to support this claim other than a statement in his daily activities…