Deborah L. Burch v. Jo Anne B. Barnhart, Commissioner of Social Security

[*678] COWEN, Circuit Judge.

Deborah L. Burch appeals the district court’s order affirming the decision of the Administrative Law Judge (“ALJ”), which denied her applications for supplemental security income and disability insurance benefits under Titles II and XVI of the Social Security Act (“Act”). Burch alleged disability based on breast cancer, asthma, back pain, weakness, and depression. She contends that the ALJ committed the following errors which were overlooked by the district court: (1) rejecting her pain testimony without articulating a legally sufficient reason, and (2) failing to adequately consider her obesity throughout the sequential disability analysis. We have jurisdiction pursuant to 28 U.S.C. § 1291, and affirm.

Procedural Background The Social Security Administration denied Burch’s applications for social security and disability insurance benefits initially and upon reconsideration. After conducting a hearing on the merits, the ALJ concluded that Burch was not disabled under the Act and denied her applications for benefits. The Appeals Council denied review. Burch then filed an action for judicial review in the United States District Court for the Eastern District of California. The district -court affirmed the decision denying benefits and entered judgment for the Commissioner of Social Security (the “Commissioner”), and this appeal followed.