Lori Leclair v. Carolyn Colvin

FILED NOT FOR PUBLICATION OCT 17 2014 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT LORI LECLAIR, No. 13-16204 Plaintiff - Appellant, D.C. No. 2:12-CV-00655-SRB v. MEMORANDUM* CAROLYN W. COLVIN, Commissioner of Social Security, Defendant - Appellee. Appeal from the United States District Court for the District of Arizona Susan R. Bolton, District Judge, Presiding Argued and Submitted October 6, 2014 Phoenix, Arizona Before: D.W. NELSON, SILVERMAN, and M. SMITH, Circuit Judges. Lori LeClair appeals the district court’s order affirming the decision of the Commissioner of the Social Security Administration denying her Social Security disability insurance and supplemental security income benefits. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm. * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. The ALJ provided clear and convincing reasons, supported by substantial evidence, to support his decision to give little weight to the treating physician’s opinion. Dr. Easton’s medical assessment did not cite objective evidence supporting the limitations imposed. Thomas v. Barnhart, 278 F.3d 947, 957 (9th Cir. 2002). Moreover, the record as a whole supports the ALJ’s determination that LeClair’s condition improved following her hip replacement surgeries. Moncada v. Chater, 60 F.3d 521, 523 (9th Cir. 1995) (per curiam). Finally, substantial evidence supports the ALJ’s conclusion that Dr. Easton based her assessment on LeClair’s subjective complaints. Tommasetti v. Astrue, 533 F.3d 1036, 1041 (9th Cir. 2008). The ALJ properly provided the vocational expert with LeClair’s limitations and restrictions based on the entirety of the evidence in the record. Tackett v. Apfel, 180 F.3d 1094, 1101 (9th Cir. 1999); Embrey v. Bowen, 849 F.2d 418, 422 (9th Cir. 1988). The district court did not err in affirming the denial of benefits. AFFIRMED. -2-