Gary Sam v. Carolyn Colvin

MEMORANDUM

Gary D. Sam appeals pro se the district court’s judgment affirming the' Commissioner of Social Security’s denial of Sam’s application for supplemental security income (SSI) under Title XVT of the Social Security Act. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, Ghanim v. Colvin, 763 F.3d 1164, 1169 (9th Cir. 2014), and we affirm.

Sam requests a remand, stating in his opening brief that the Commissioner approved a new disability claim he filed in April 2014. Remand is not warranted because Sam’s statement is unsubstantiated, and he fails to show how a subsequent award of benefits is material to the outcome of his claims decided in April 2012. See Bruton v. Massanari, 268 F.3d 824, 827 (9th Cir. 2001) (concluding that a subsequent award of benefits was not inconsistent with a prior denial of the claimant’s initial application where the second application involved different medical evidence, a different time period, and a different age classification).

The district court correctly concluded that Sam had timely, actual notice of the April 30, 2012 adverse decision of the Administrative Law Judge (ALJ). Sam has not shown that he was denied notice and…