NOT FOR PUBLICATION
Plaintiff-Appellant Chase Aldridge ("Aldridge") appeals from the district court's order and judgment affirming the Commissioner of Social Security Administration's denial of disability benefits under Title XVI of the Social Security Act. We affirm.
We review the district court's order affirming the administrative law judge's ("ALJ's") denial of benefits de novo, and reverse only if the ALJ's decision was based on legal error or not supported by substantial evidence in the record.
1. The ALJ erred in not considering Listing 12.10 for Autistic Disorder and other Pervasive Development Disorder, but the error was harmless because the ALJ found Listing 12.02's paragraph B criteria (which were identical to Listing 12.10's paragraph B criteria)
2. The ALJ did not err in affording "minimal weight" to the opinion of Aldridge's treating physician Dr. Semino because (1) Dr. Semino did not consider or review his treatment notes, or Aldridge's medical records, examinations, or response to treatment; (2) the opinion was inconsistent with his own treatment notes; and (3) the opinion rested on Aldridge's subjective complaints rather than on objective observations.
3. The ALJ provided specific and legitimate reasons, supported by substantial evidence in the record, for giving greater weight to the opinions of the one-time consultative examiner and the state agency non-examining psychologists. (
4. The ALJ erred in finding that Aldridge's testimony regarding the severity of his symptoms was not credible based on his non-compliance with prescribed medications, because evidence in the record demonstrates that non-compliance resulted from Aldridge's mental impairment. (
5. The ALJ provided germane reasons for giving the "Function Report" (ER 307-314) submitted by Aldridge's mother, and her testimony, only "some weight." The Function Report stated Aldridge was able to prepare simple meals, shop for groceries, listen to music, talk on the phone, and care for himself, and Aldridge's mother was not aware of some of his self-reported activities.