JAY C. GANDHI, District Judge.
Jesus Navarro ("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 assessed Plaintiff's credibility (see Joint Stipulation ("Joint Stip.") at 3-7); and
2. Whether the ALJ properly determined that Plaintiff could perform his past relevant work (see id. at 3, 12-16).
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 3-7.)
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 eight valid reasons for finding Plaintiff "not entirely credible."
First, Plaintiff stopped working because he was laid off, a reason unrelated to his alleged disability. (AR at 19, 33-34); see Bruton v. Massanari, 268 F.3d 824, 828 (9th Cir. 2001) (allegation of disabling pain discounted because claimant "was laid off, rather than . . . injured").
Second, after Plaintiff was laid off, he applied for work. (AR at 19, 34, 66); Lenhart v. Astrue, 252 F. App'x 787, 789 (9th Cir. 2007) (ALJ reasonably determined claimant exaggerated symptoms in part because he applied for a job and collected unemployment benefits); Copeland v. Bowen, 861 F.2d 536, 542 (9th Cir. 1988) (ALJ properly discredited claimant's testimony in part because he held himself out as available for work).
Third, Plaintiff was inconsistent about his ability to speak English.
Fourth, Plaintiff's condition was relatively controlled with medication. (AR at 20-21, 347, 351, 353, 355, 384 (Plaintiff reports that he uses Vicodin "very rarely"), 396-97, 399-402); Lindquist v. Colvin, 588 F. App'x 544, 547 (9th Cir. 2014) (ALJ properly discounted claimant's testimony in part because symptoms were controlled by medication); Warre v. Comm'r Soc. Sec. Admin., 439 F.3d 1001, 1006 (9th Cir. 2006) (impairments that can be controlled are not disabling).
Fifth, Plaintiff received essentially conservative treatment, such as physical therapy, moist heat, weight reduction education, home exercises, and medication. (AR at 19-22, 291-93, 347, 353-55, 357-58 (orthopedic surgeon explains "conservative management" treatment options with Plaintiff), 367); see Tommasetti v. Astrue, 533 F.3d 1035, 1040 (9th Cir. 2008) (ALJ properly rejected claimant's subjective complaints where medical records showed that she responded favorably to conservative treatment of physical therapy and medication).
Sixth, Plaintiff had significant gaps in treatment, including multiple gaps of around six months, and at least one gap approaching a year.
Seventh, Plaintiff used a cane that was not medically necessary, and evaluations showed he could ambulate independently without an assistive device. (AR at 21, 348, 352, 359-60, 362-63, 367-70); Verduzco v. Apfel, 188 F.3d 1087, 1090 (9th Cir. 1999) (ALJ properly discredited subjective testimony because claimant "used a cane at the hearing, although none of his doctors had ever indicated that he used or needed to use an assistive device in order to walk"); Dominguez v. Colvin, 2016 WL 4467881, at *2 (C.D. Cal. Aug. 23, 2016) (use of cane that was not medically necessary at examination was evidence of malingering).
Eighth, no doctor found that Plaintiff's obesity or other impairments precluded all work activity, and Plaintiff's physicians placed him on "[r]egular duty" work status. (AR at 22, 72, 81, 92, 101, 348-49, 357-58, 360); see Willens v. Berryhill, ___ F. App'x ____, 2017 WL 4217452, at *1 (9th Cir. Sept. 22, 2017) (ALJ properly rejected claimant's credibility in part because "no physician made an assessment that [claimant] was disabled").
Thus, the ALJ properly assessed Plaintiff's credibility.
Plaintiff contends that the ALJ erroneously determined at step four of the evaluation that he could perform past relevant work.
"At step four, claimants have the burden of showing that they can no longer perform their past relevant work." See Pinto v. Massanari, 249 F.3d 840, 844 (9th Cir. 2001). Claimants also have the burden of establishing that any error resulted in actual harm. See Ludwig v. Astrue, 681 F.3d 1047, 1054-55 (9th Cir. 2012). An "ALJ's error is harmless where it is inconsequential to the ultimate nondisability determination." See Molina v. Astrue, 674 F.3d 1104, 1115 (9th Cir. 2012) (quotation marks and citations omitted)).
Plaintiff admits that the VE testified that he could perform the composite occupation of machine operator producing plastic bags as actually performed by him. (Joint Stip. at 14-15.) The ALJ was entitled to rely on that testimony, and it was substantial evidence supporting the ALJ's decision that Plaintiff could perform past relevant work. See Bayliss v. Barnhart, 427 F.3d 1211, 1217-18 (9th Cir. 2005) (ALJ properly relied on VE's testimony because "VE's recognized expertise provides the necessary foundation for his or her testimony"); Moore v. Apfel, 216 F.3d 864, 869-70 (9th Cir. 2000); Nicholas v. Colvin, 2013 WL 5310848, at *10 (C.D. Cal. Sept. 20, 2013) ("Once the VE testified that the . . . job could be performed at the light level, the ALJ was entitled to rely on that testimony, and it alone was substantial evidence supporting the ALJ's decision that Plaintiff could perform his past relevant work."). Accordingly, any error in the ALJ's reliance on Plaintiff's other past relevant work, or conflict with those positions and the DOT or other sources, was harmless.
Based on the foregoing.