Alan Brinker v. Carolyn W. Colvin

MEMORANDUM and ORDER

In 1993, Alan Brinker was awarded disability benefits under Title II of the Social Security Act. He appeals pro se from the district court’s judgment affirming the Commissioner of Social Security’s decision that Brinker’s disability ended in January 2001. We review de novo, Molina v. As true, 674 F.3d 1104, 1110 (9th Cir.2012), and affirm.

The administrative law judge (“ALJ”) did not err in finding that Brinker completed a “trial work period” when he performed services for a total of nine nonconsecutive months in a sixty-month period between 1996 and December 2000. See 20 C.F.R. §§ 404.1592 (e)(2) (defining the beginning and end of a “trial work period”), 404.1594(d)(5) & (f)(1) (performance of substantial gainful activity following the completion of a trial work period establishes that the individual is no longer disabled); Lingenfelter v. Astrue, 504 F.3d 1028, 1039 (9th Cir.2007) (discussing regulations that provide for a trial work period in which a claimant may work and still be considered disabled). Brinker’s contention that he did not work in March 1996 is unpersuasive because the regulations define “services” by reference to the timing of earnings,…