FILED
NOT FOR PUBLICATION NOV 12 2015
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
KRISTEN G. WILSON, No. 12-17526
Plaintiff - Appellant, D.C. No. 1:11-cv-01238-JLT
v.
MEMORANDUM*
COMMISSIONER OF SOCIAL
SECURITY,
Defendant - Appellee.
Appeal from the United States District Court
for the Eastern District of California
Jennifer L. Thurston, Magistrate Judge, Presiding
Submitted November 9, 2015**
Before: LEAVY, GRABER, and OWENS, Circuit Judges.
Plaintiff Kristen G. Wilson appeals the district court’s judgment affirming
the Commissioner of Social Security’s denial of her application for disability
insurance benefits and supplemental security income under Titles II and XVI of the
*
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).
Social Security Act. Reviewing de novo, we may set aside a denial of benefits
only if it is not supported by substantial evidence or rests on legal error. Ghanim
v. Colvin, 763 F.3d 1154, 1159 (9th Cir. 2014). We affirm.
The administrative law judge (“ALJ”) permissibly gave less weight to the
opinion of consultive examiner Shireen Damania, M.D., by providing specific and
legitimate reasons, supported by substantial evidence. See Ghanim, 763 F.3d at
1161 (stating standard). The ALJ noted that Dr. Damania’s opinion was
inconsistent with her own findings that Plaintiff had a normal attention span, intact
memory, and ability to do simple calculations. The ALJ also noted that Dr.
Damania’s opinion was inconsistent with Plaintiff’s reported activities, including
taking care of her own personal hygiene without assistance, watching television,
and shopping with her spouse. The ALJ permissibly gave greater weight to the
state agency physician’s opinion because it is more consistent with the record as a
whole.
Accordingly, substantial evidence supports the ALJ’s determination that
Plaintiff was not disabled within the meaning of the Social Security Act.
AFFIRMED.
2 12-17526