Hana Kakos v. Michael Astrue

MEMORANDUM

Plaintiff-Appellant Hana Hanna Kakos appeals the district court’s granting of summary judgment in favor of the Social Security Administration Commissioner.

We review de novo a district court’s summary judgment upholding an administrative law judge’s (“ALJ”) denial of social security benefits. Berry v. Astrue, 622 F.3d 1228, 1231 (9th Cir.2010). The ALJ’s disability determination will be affirmed unless it is based on legal error or it was not supported by substantial evidence. Id.; 42U.S.C. §§ 405(g), 1383(c)(3).

Kakos first argues that the ALJ erred by not fully developing the administrative record. A claimant for social security benefits carries the burden of proving she is disabled. 42 U.S.C. § 423 (d)(5)(A); Valentine v. Comm’r Soc. Sec. Admin., 574 F.3d 685, 689 (9th Cir.2009). When the evidence in the record is vague or ambiguous, the ALJ has a duty to develop the record to resolve the ambiguity. McLeod v. Astrue, 640 F.3d 881, 885 (9th Cir.2011) (citing Tonapetyan v. Halter, 242 F.3d 1144, 1150 (9th Cir.2001)). When the record allows the ALJ to evaluate the evidence and make a disability determination based on substantial evidence, the ALJ is under no…