JAY C. GANDHI, Magistrate Judge.
Alberto Gonzalez-Cordova ("Plaintiff") challenges the Social Security Commissioner's decision denying his application for disability benefits. Two issues are presented for decision here:
1. Whether the Administrative Law Judge ("ALJ") properly discounted Plaintiff's credibility (see Joint Stip. at 4-9); and
2. Whether the ALJ's decision is supported by substantial evidence in light of additional evidence that was presented to the Appeals Council after the issuance of the ALJ's decision (see id. at 4, 13-15).
The Court addresses Plaintiff's contentions below, and finds that reversal is not warranted.
Plaintiff contends that the ALJ improperly assessed his credibility. (See Joint Stip. at 4-9.)
As a rule, an ALJ can reject a claimant's subjective complaints by "expressing clear and convincing reasons for doing so." Benton ex rel. Benton v. Barnhart, 331 F.3d 1030, 1040 (9th Cir. 2003). "General findings are insufficient; rather, the ALJ must identify what testimony is not credible and what evidence undermines a claimant's complaints." Brown-Hunter v. Colvin, 806 F.3d 487, 493 (9th Cir. 2015) (citation and internal quotation marks omitted).
Here, the ALJ provided at least three valid reasons for discounting Plaintiff's credibility.
First, there were significant gaps in Plaintiff's treatment, and infrequent trips to the doctor, for the allegedly disabling conditions.
Second, Plaintiff's treatment for most of the relevant period was essentially routine and conservative.
Third, Plaintiff's allegations of severe symptoms contradicted the evidence of record.
The Court agrees with Plaintiff that the ALJ's reliance on his meager activities of daily living — including completing very light household chores, driving, watering plants, feeding his dog, and going for walks — is not a convincing reason for disbelieving him. (Joint Stip. at 8; AR at 29, 33, 350); see Vertigan v. Halter, 260 F.3d 1044, 1049-50 (9th Cir. 2001) (the mere fact that claimant "carried on certain daily activities, such as grocery shopping, driving a car, or limited walking or exercise, does not in any way detract" from credibility as to overall disability).
However, any such error is harmless in light of the other valid reasons for rejecting the testimony. See Carmickle v. Comm'r, Soc. Sec. Admin., 533 F.3d 1155, 1162 (9th Cir. 2008) (when ALJ provides specific reasons for discounting claimant's credibility, decision may be upheld even if certain reasons were invalid as long as "remaining reasoning and ultimate credibility determination" were supported by substantial evidence (emphasis omitted)); Strutz v. Colvin, 2015 WL 4727459, at *7 (D. Or. Aug. 10, 2015) (upholding credibility finding because ALJ provided at least one valid reason to discount claimant's testimony).
Thus, the ALJ's assessment of Plaintiff's credibility does not warrant reversal.
Next, Plaintiff contends the ALJ's decision is not supported by substantial evidence in light of medical evidence showing he had shoulder surgery and was contemplating back surgery, which was presented to the Appeals Council after the issuance of the ALJ's decision. (Joint Stip. at 13-15; AR at 2, 654, 657, 664.)
As a rule, when the Appeals Council "considers new evidence in deciding whether to review a decision of the ALJ, that evidence becomes part of the administrative record, which the district court must consider when reviewing the Commissioner's final decision for substantial evidence." Taylor v. Comm'r Soc. Sec. Admin., 659 F.3d 1228, 1232 (9th Cir. 2011). When the Appeals Council declines review, the ALJ's decision becomes the final decision of the Commissioner, and the district court reviews that decision for substantial evidence based on the record as a whole. Brewes v. Comm'r Soc. Sec. Admin., 682 F.3d 1157, 1161-62 (9th Cir. 2012).
The medical evidence does not change this Court's determination that the ALJ's decision is supported by substantial evidence, for two reasons.
First, outside of Plaintiff's blanket statement that "[i]t is reasonably possible the additional records . . . would have changed the ALJ's decision," he fails to explain how the records show that he was unable to work within the limitations the ALJ found in his residual functional capacity ("RFC"). (Joint Stip. at 14); see Bruton v. Massanari, 268 F.3d 824, 827 (9th Cir. 2001) (new evidence sufficient to warrant remand must bear "directly and substantially on the matter in dispute"); Dover v. Colvin, 2014 WL 2048079, at *8 (D. Ariz. May 19, 2014) (rejecting claim that Appeals Council failed to properly consider and address additional evidence because claimant did not "explain how any of the additional evidence show[ed] that, beginning [on the alleged onset date], he was unable to perform light work as defined in [Agency regulations] with the limitations stated in the [RFC]").
Second, in any event, the records do not establish significant limitations, let alone show he was unable to work.
Accordingly, reviewing the record as a whole, the ALJ's decision is supported by substantial evidence.
Based on the foregoing,