Darin Frisbie v. Michael Astrue , 363 F. App'x 540 ( 2010 )

FILED
NOT FOR PUBLICATION FEB 02 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
DARIN LEE FRISBIE, No. 08-17522
Plaintiff - Appellant, D.C. No. 2:07-cv-01172-GGH
v.
MEMORANDUM *
MICHAEL J. ASTRUE,
Commissioner of Social Security,
Defendant - Appellee.
Appeal from the United States District Court
for the Eastern District of California
Gregory G. Hollows, Magistrate Judge, Presiding
Argued and Submitted January 15, 2010
San Francisco, California
Before: WALLACE, HUG and CLIFTON, Circuit Judges.
Darin Frisbie appeals the district court’s judgment affirming the
Administrative Law Judge’s (“ALJ’s”) denial of Social Security benefits. We
review the district court’s decision de novo, and we uphold the Social Security
Administration’s disability determination “unless it contains legal error or is not
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
supported by substantial evidence.” Orn v. Astrue, 495 F.3d 625, 630 (9th Cir.
2007). We affirm.
Frisbie alleges that he is unable to work because of debilitating pain in his
back and legs. The ALJ found that Frisbie had severe impairments that were
“capable of causing pain” but found that the medical evidence did not corroborate
the degree of pain Frisbie alleged. That finding was supported by substantial
evidence, including the reports of examining and treating physicians. The ALJ
discredited Frisbie’s testimony and concluded that he had the residual functional
capacity to perform light work. We agree with the district court that the ALJ gave a
“clear and convincing” reason for discrediting Frisbie’s testimony. See Osenbrock
v. Apfel, 240 F.3d 1157, 1165 (9th Cir. 2001).
In response to repeated questioning by the ALJ, Frisbie stated that he had
not worked for pay since 2003 when he quit his job as an auto mechanic. This
testimony was directly contradicted by Frisbie’s own statements to his doctor in
2004 and 2006 regarding his online marketing business. Because Frisbie’s
allegations of debilitating pain rested on his own testimony, the finding that Frisbie
was not credible was fatal to his claim.
AFFIRMED.
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