Kristina Dennis v. Carolyn Colvin

MEMORANDUM

Kristina Dennis appeals the district court’s order, affirming the Commissioner of Social Security’s denial of her application for disability insurance benefits under Title II of the Social Security Act. Dennis challenges the Administrative Law Judge’s (ALJ) decision, arguing that the ALJ (1) failed to follow the Appeals Council’s remand order; (2) failed to properly address Dennis’s mental impairments under Step Two; and (3) failed to address transferability of skills under Step Five. Because the ALJ’s findings are not based on legal error and are supported by substantial evidence, we affirm. See Tackett v. Apfel, 180 F.3d 1094, 1097 (9th Cir.1999).

1. The ALJ did not fail to follow the Appeals Council’s remand order. As instructed, the ALJ recontacted Dr. Birch-ard, requesting and receiving additional records from her. The remand order does not require the ALJ specifically address the new documents or alter its previous decision. The ALJ also had a medical expert testify. Dennis argues that, because the medical expert was equivocal in his testimony, he was not a proper witness, and the matter should be remanded to have a qualified expert testify. There is no merit to…