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Brady v. Barnhart

United States Court of Appeals, Ninth Circuit
May 29, 2002
36 F. App'x 914 (9th Cir. 2002)

Opinion


36 Fed.Appx. 914 (9th Cir. 2002) Robert John BRADY, Plaintiff-Appellant, v. Jo Anne B. BARNHART, Commissioner of Social Security, Defendant-Appellee. No. 01-56293. D.C. No. CV-00-01029-TJW. United States Court of Appeals, Ninth Circuit. May 29, 2002

Submitted May 13, 2002.

The panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).

NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)

Appeal from the United States District Court for the Southern District of California, Thomas J. Whelan, District Judge, Presiding.

Before FERNANDEZ, RYMER, and WARDLAW, Circuit Judges.

MEMORANDUM

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by 9th Cir. R. 36-3.

Robert John Brady appeals the district court's summary judgment affirming the Commissioner of the Social Security Administration's denial of his application for Title II Social Security disability insurance benefits. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo the district court's decision, and we review for substantial evidence and legal error the Administrative Law Judge's ("ALJ") decision. Tackett v. Apfel, 180 F.3d 1094, 1097 (9th Cir.1999). We affirm.

The ALJ's finding that Brady lacked insured status as of the date he alleged the onset of his disability is supported by substantial evidence. See Harvell v. Chater, 87 F.3d 371, 372-73 (9th Cir.1996).

We decline to consider Brady's remaining contentions because he failed to raise these issues before the ALJ or the Appeals Council. See Meanel v. Apfel, 172 F.3d 1111, 1115 (9th Cir.1999).

All pending motions are denied.

AFFIRMED.


Summaries of

Brady v. Barnhart

United States Court of Appeals, Ninth Circuit
May 29, 2002
36 F. App'x 914 (9th Cir. 2002)
Case details for

Brady v. Barnhart

Case Details

Full title:Robert John BRADY, Plaintiff-Appellant, v. Jo Anne B. BARNHART, [*…

Court:United States Court of Appeals, Ninth Circuit

Date published: May 29, 2002

Citations

36 F. App'x 914 (9th Cir. 2002)

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