Joel De La Cerda v. Carolyn Colvin

MEMORANDUM

Joel De La Cerda appeals the district court’s order affirming the Commissioner of Social Security’s denial of his application for disability insurance under Title II of the Social Security Act. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, Molina v. Astrue, 674 F.3d 1104, 1110 (9th Cir.2012), and we affirm.

The agency did not err in failing to incorporate additional medical records into the administrative record, because the records, dated after De La Cerda’s last date insured, were not material. See 20 C.F.R. § 404.970 (b) (Appeals Council shall consider “new and material evidence”); Brewes v. Comm’r of Soc. Sec. Admin., 682 F.3d 1157, 1162 (9th Cir.2012) (new and material evidence must be treated as part of the administrative record).

The ALJ gave specific and legitimate reasons for rejecting Dr. Capen’s opinion that De La Cerda was disabled, including that Dr. Capen’s opinion did not cover the period prior to De La Cerda’s date last insured, and was inconsistent with his earlier opinion that De La Cerda could perform desk or supervisory work. See Ghanim v. Colvin, 763 F.3d 1154, 1161 (9th Cir.2014); Morgan v. Comm’r of Soc. Sec. Admin., 169 F.3d…