1 NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT

GEORGE CASTILLO ,

Plaintiff

- Appellant,

v.
NANCY A. BERRYHILL , Acting Commissioner of the Social Security Administration,

Defendant

- Appellee. No. 15

- 17257
D.C. No. 2:14

- cv - 00684

- PHX

- DJH

MEMORANDUM *

Appeal from the United States District Court for the District of Arizona Diane J. Humetewa , District Judge, Presiding Argued and Submitted June 15 , 2017 San Francisco, California Before: SCHROEDER, FISHER , * * and N.R. SMITH, Circuit Judges. George Castillo appeals from the district court’s order affirming the Social

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Ru le 36

- 3.

** The Honorable D. Michael Fisher, Unite d States Circuit Judge for the U.S. Court of Appeals for the Third Circuit, sitting by designation. 

# FILED

JUL 14 2017
MOLLY C. DWYER, CLER K U.S. COURT OF APPEAL S2

Security Commissioner ’s denial of his June 2011 application for Social Security Disability Insurance benefits

. We have jurisdiction under 28 U.S.C. § 1291 and we
affirm.
We review de novo a district court’s order affirming an Administrative Law Judge’s (ALJ’s) denial of Social Security benefits

. Ghanim v. Colvin , 763 F.3d 1154, 1159 (9th Cir. 2014). We reverse “only if the ALJ’ s decision was not supported by substantial evidence in the record as a whole or if the ALJ app lied the wrong legal standard.” Id. (quoting Molina v. Astrue , 674 F.3d 1104, 1110 (9th Cir. 2 012)).
The ALJ did not err in declining to give controlling weight to Dr. R. Duane Hopson’s assessment in the July 2012 supplemental questionnaire , which noted
marked mental limitations in Castillo’s ability to understand and remember
detailed instructions ; interact appropriately with the public, supervisors, and coworkers; and respond appropriately to workplace pressures and changes

. T he
record does not support this assessment , see Burrell v. Colvin , 775 F.3d 1133, 1140 (9th Cir. 2014) , and the ALJ discredited it based on “specific and legitimate

reasons ” supported by “substantial evidence, ” Ghanim , 763 F.3d at 1161 (internal quotation marks omitted)

. As the ALJ noted, Dr. Hopson’s prior treatment notes are inconsistent with3

his July 2012 assessment

. In February, September, and December 2011, Dr. Hopson indicated that Castillo’ s thought processes were normal, logical, and goal

- directed ; that his recent memory and remote memory were intact; and that his
attention and concen tration were either good or fair. In September and December 2011, Dr. Hopson noted that Castillo reported reduced anxiety, increased energy, fewer mood swings, feeling s of hope and optimism , and that he was active in his
church

. Moreover, many of Castillo’s own statements are inconsistent with Dr. Hopson’s July 2012 assessment

. In June 2011, Castillo indicated , for example, that
he could pay attention for about two hours before having trouble concentrating , that he finishes what he starts, and that he does well following writt en instructions like recipes. Finally, notes from Castillo’s examining physician are inconsistent with Dr. Hopson’s July 2012 assessment . D uring a July 2012 consultation , Dr.
James A. Pruitt noted

— albeit briefly and in the context of a physical examinati on

— that Castillo could follow three and four step commands without significant confusion or delay. 1
The ALJ also did not err in finding that Castillo’s med ically determinable

1 We do not think it is significant that Dr. Pruitt’s notation stems from a physical examination of Castillo, not a psychiatric one . His notation plainly relates to Castillo’s mental acuity

. More important, it is but one (nondispositive) brick in the wall of evidence indicating that Dr. Hopson’s July 2012 assessment is4

mental impairment s are not severe

. In rating the degree of limitation in the four
functional areas described in 20 C.F.R. § 404.1520a(c), the ALJ noted, and the record confirms, that Castillo does his own laundry, takes daily walks for exercise, is active in his church, lives on his own in an apartment unassisted , drives a car, rides the bus, shops for food at the grocery store , makes his own meals, and attends medical appointments on his own . Subs tantial evidence therefore support s
the ALJ’s conclusion that Castillo’s mental ailments “do not cause more than minimal limitation in [his] ability to perform basic mental work activities.” S ee 20 C.F.R. § 404.1520a (d)(1).
AFFIRMED.

controverted by the record.