FILED
NOT FOR PUBLICATION JUN 10 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
YVONNE MCCOLLISTER, No. 12-35396
Plaintiff - Appellant, D.C. No. 6:10-cv-00899-HO
v.
MEMORANDUM*
CAROLYN W. COLVIN, Commissioner
of Social Security,
Defendant - Appellee.
Appeal from the United States District Court
for the District of Oregon
Michael R. Hogan, District Judge, Presiding
Submitted June 6, 2014**
Seattle, Washington
Before: McKEOWN and WATFORD, Circuit Judges, and ROTHSTEIN, Senior
District Judge.***
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
***
The Honorable Barbara Jacobs Rothstein, Senior District Judge for the
U.S. District Court for the Western District of Washington, sitting by designation.
Page 2 of 2
The administrative law judge’s (ALJ) adverse credibility finding is
supported by substantial evidence. The ALJ offered specific, clear, and convincing
reasons for discounting McCollister’s credibility. See Tommasetti v. Astrue, 533
F.3d 1035, 1039 (9th Cir. 2008). First, the ALJ noted that the objective medical
evidence and McCollister’s conservative course of treatment are inconsistent with
her testimony regarding the extent of her disability. The record reflects that
McCollister’s doctors recommended mainly routine medications, over-the-counter
painkillers, and physical therapy, and that McCollister did not seek more
aggressive treatment. As such, the ALJ permissibly inferred that McCollister’s
disability is not as severe as she claims. See id. Second, the ALJ noted that
McCollister’s daily activities are inconsistent with her alleged level of disability.
McCollister lives alone, performs household chores, and shops for her own
groceries. Further, she works as a weekend building monitor for her apartment
building, which involves periodically walking the hallways, inspecting stairwells,
and locking or unlocking doors. Accordingly, the ALJ reasonably concluded that
McCollister was not credible “to the extent that [her activities] contradict [her]
claims of a totally debilitating impairment.” Molina v. Astrue, 674 F.3d 1104,
1113 (9th Cir. 2012).
AFFIRMED.