NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT AUG 13 2014
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
JOHN SCOTT DEPETRO, No. 13-35737
Plaintiff - Appellant, D.C. No. 2:12-cv-00546-TOR
v.
MEMORANDUM*
CAROLYN W. COLVIN, Commissioner
of Social Security,
Defendant - Appellee.
Appeal from the United States District Court
for the Eastern District of Washington
Thomas O. Rice, District Judge, Presiding
Submitted July 21, 2014**
Before: HUG, FARRIS, and CANBY, Circuit Judges.
John DePetro appeals the district court’s summary judgment affirming the
Commissioner of Social Security’s decision denying his application for
supplemental security income under Title XVI of the Social Security Act. DePetro
*
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). DePetro’s unopposed motion
to submit this appeal on the briefs is GRANTED.
contends that an administrative law judge (“ALJ”) erred in giving limited weight to
the opinion of examining psychologist Debra Brown, Ph.D., and in giving greater
weight to the opinion of non-examining psychological consultant Edward Beaty,
Ph.D.. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
We review the district court’s order de novo. Andrews v. Shalala, 53 F.3d
1035, 1039 n.1 (9th Cir. 1995). We may set aside the denial of benefits only if it is
not supported by substantial evidence or is based on legal error. 42 U.S.C.
§ 405(g); Andrews, 53 F.3d at 1039.
The ALJ properly rejected Dr. Brown’s unsupported opinion that DePetro
had “marked” limitations in his relationships with people and his ability to
maintain appropriate behavior in the work setting. See Bray v. Commissioner of
Soc. Sec., 554 F.3d 1219, 1228 (9th Cir. 2009); Burkhart v. Bowen, 856 F.2d 1335,
1339 (9th Cir. 1988) (permitting ALJ to reject medical opinion not supported by
objective findings). These limitations were unsupported by Dr. Brown’s own notes
regarding DePetro’s daily activities and mental status exam findings, and were
inconsistent with other evidence in the record. See Andrews, 53 F.3d at 1041
(permitting ALJ to reject examining physician’s opinion in reliance on non-
examining source if that source is supported by other evidence in the record and
consistent with it).
2
Substantial evidence supports the ALJ’s decision to give greater weight to
Dr. Beaty’s opinion because that opinion is consistent with other evidence in the
record. See Andrews, 53 F.3d at 1041. This includes the opinions of other non-
examining consultants, Dr. Brown’s notes regarding DePetro’s daily activities and
mental status exam findings, evidence that DePetro had not received regular
treatment, see Chaudhry v. Astrue, 688 F.3d 661, 672 (9th Cir. 2012) (permitting
ALJ to consider claimant’s unexplained failure to seek treatment in weighing
credibility), the fact that no treating physician had placed any physical limitations
on DePetro, and mental health records from the Community Health Association of
Spokane.
AFFIRMED.
3