NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

ANDREA BEACH, 

Plaintiff-Appellant, 

 v. 

ANDREW M. SAUL, Commissioner of 

Social Security, 

Defendant-Appellee.

No. 20-55762 

D.C. No. 3:19-cv-01179-WVG 

MEMORANDUM*

Appeal from the United States District Court

for the Southern District of California

William V. Gallo, Magistrate Judge, Presiding

Submitted April 8, 2021**

Pasadena, California

Before: W. FLETCHER, WATFORD, and HURWITZ, Circuit Judges.

Andrea Beach appeals a district court judgment upholding the Commissioner 

of Social Security’s denial of her applications for social security disability insurance 

benefits and supplemental security income. The administrative law judge (“ALJ”) 

* This disposition is not appropriate for publication and is not precedent 

except as provided by Ninth Circuit Rule 36-3.

** The panel unanimously concludes this case is suitable for decision 

without oral argument. See Fed. R. App. P. 34(a)(2).

FILED

APR 12 2021

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 

denied Beach’s applications because he found that she had the residual capacity to 

perform light work. 20 C.F.R. §§ 404.1545, 404.1546(c), 404.1567(b). Like the 

district court, we review the agency’s decision de novo. Berry v. Astrue, 622 F.3d 

1228, 1231 (9th Cir. 2010). We cannot upset that decision unless it “was not 

supported by substantial evidence in the record as a whole or if the ALJ applied the 

wrong legal standard.” Molina v. Astrue, 674 F.3d 1104, 1110 (9th Cir. 2012). We 

affirm. 

1. Beach argues that the ALJ erred by not finding her pain disabling.

However, the “ALJ cannot be required to believe every allegation of disabling pain.”

Fair v. Bowen, 885 F.2d 597, 603 (9th Cir. 1989). Rather, an ALJ must determine 

whether a claimant’s testimony is consistent with the record and make findings that

“contain specific reasons for the weight given to [Beach’s] symptoms,” are 

“consistent with and supported by the evidence,” and are “clearly articulated so the 

individual and any subsequent reviewer can assess how the adjudicator evaluated 

the individual’s symptoms.” See SSR 16-3p, 82 Fed. Reg. 49,462, 49,467 (Oct. 25, 

2017). 

Substantial record evidence supported the ALJ’s finding that “the claimant 

can sustain a greater capacity than she described at the hearing.” Daily activities are 

relevant to assessing a claimant’s allegations of symptoms, see 20 C.F.R. 

§ 404.1529(c)(3)(i), and the ALJ noted that Beach was remodeling her home, 
3 

performing household chores, and caring for her sick father and 26 Great Dane 

puppies. The ALJ did not err in finding these “non-work activities . . . are 

inconsistent with the degree of impairment [she] alleges.” See Valentine v. Astrue, 

574 F.3d 685, 693 (9th Cir. 2009) (cleaned up); see also Berry, 622 F.3d at 1235 

(noting that “activities” supported finding “a higher degree of functionality” than 

that asserted by a claimant). 

2. Beach argues that the ALJ erred by failing to find she was impaired as a

result of Lyme Disease, fibromyalgia, or chronic fatigue syndrome. A medically 

determinable impairment (“MDI”) must be established “by medically acceptable 

clinical and laboratory diagnostic techniques.” 20 C.F.R. § 404.1521. “[O]bjective 

medical evidence from an acceptable medical source” is required; a claimant’s 

statement alone is insufficient. Id. 

a. Beach provided no “objective medical evidence” or documentation that a 

medical source had diagnosed her with Lyme disease. Beach’s own statements are 

insufficient to establish an MDI. See 20 C.F.R. § 404.1521; Ukolov v. Barnhart, 420 

F.3d 1002, 1006 (9th Cir. 2005). Nor is a doctor’s note that Beach “possibly” had 

Lyme disease based on her self-report sufficient evidence that she had that condition. 

See 20 C.F.R. § 404.1521.1

1 Beach’s reference to a supposed diagnosis by another doctor is simply a selfreport about her medical history. 
4 

b. To establish fibromyalgia as an MDI, the evidence must satisfy one of two 

sets of criteria outlined by the American College of Rheumatology. SSR 12-2p, 77 

Fed. Reg. 43,640 (July 25, 2012); Ford v. Saul, 950 F.3d 1141, 1155 n.7 (9th Cir. 

2020). The first set requires the presence of 11 or more fibromyalgia tender points 

during a physical examination and the second the “manifestations of six or more” 

enumerated fibromyalgia symptoms, signs, or co-occurring conditions. SSR 12-2p; 

Ford, 950 F.3d at 1155 n.7.

Beach argues only that the ALJ “improperly” focused on the first set. But the 

ALJ addressed both sets of criteria, and Beach did not establish eligibility under 

either. There is no evidence that any doctor examined Beach for fibromyalgia using 

either test. 20 C.F.R. § 404.1521; SSR 12-2p; see Ford, 950 F.3d at 1155 n.7. 

c. Although Beach claimed at various times that she suffered from fatigue, 

she also repeatedly denied fatigue, and more importantly, presented no medical 

diagnosis of chronic fatigue syndrome. Moreover, the ALJ considered Beach’s

claim of fatigue, but found her extensive daily activities contradicted the claim. See

20 C.F.R. § 404.1529(a). 

AFFIRMED.