Arthur Coffman III v. Michael Astrue

MEMORANDUM

Arthur A. Coffman III appeals from the district court’s decision affirming the Commissioner of Social Security’s (“Commissioner”) final decision, which concluded that Coffman is not entitled to Disability Insurance Benefits under Title II or Supplemental Security Income under Title XVI of the Social Security Act. 42 U.S.C. §§ 401-34 , 1381-83. We have jurisdiction under 28 U.S.C. § 1291 , and we AFFIRM.

The Commissioner’s decision may be reversed only if it is not supported by substantial evidence or is based on legal error. Edlund v. Massanari, 253 F.3d 1152, 1156 (9th Cir.2001). Coffman contends that the Appeals Council erred by not remanding in light of new evidence that Coffman submitted to the Appeals Council. When the Appeals Council denies a request for review, the ALJ^s decision becomes the final decision of the Commissioner, which we review on this appeal. The denial of review itself is a non-final agency action not subject to judicial review. Taylor v. Comm’r of Soc. Sec. Admin., 659 F.3d 1228, 1231 (9th Cir.2011). However, we can and here do consider the evidence submitted to the Appeals Council “to determine whether, in light of the record as a whole, the…