Gordon Davenport v. Carolyn Colvin

MEMORANDUM

Gordon Davenport appeals the district court judgment affirming the Administrative Law Judge’s (“ALJ”) denial of his application for disability benefits. Although we review the district court decision de novo, the ALJ’s “decision to deny benefits will only be disturbed if it is not supported by substantial evidence or it is based on legal error.” Burch v. Barnhart, 400 F.3d 676, 679 (9th Cir.2005) (internal quotation marks and citation omitted). “A decision of the ALJ will not be reversed for errors that are harmless.” Id. We affirm.

The ALJ did not err when he determined, at step two, that Davenport’s mental impairments were nonsevere. In reviewing the ALJ’s step-two determination, we consider “whether the ALJ had substantial evidence to find that the medical evidence clearly established that” Davenport did not have a severe mental impairment. Webb v. Barnhart, 433 F.3d 683, 687 (9th Cir.2005). The record supports that conclusion. Davenport repeatedly stated that he did not feel depressed. Treatment notes from the social worker and from Dr. Li indicated that Davenport’s depression and anxiety were either mild or improved with treatment. In any event, any error…