Weiler

MEMORANDUM *

Appellant Timothy Weiler (‘Weiler”) was employed as an independent delivery route driver for the Daily Review until he injured his back and neck in a fall from a golf cart. Weiler claims that his injuries caused him debilitating back pain and resulted in his becoming depressed. He initially received disability benefits from the state of California. When those benefits ran out, he filed for Supplemental Security Income benefits. The Social Security Administration denied his claim. Weiler then requested a hearing before an ALJ, during which he stated that he had returned to work at the Daily Review on January 1, 1996 but that he could not work without assistance.

The ALJ denied benefits, and the district court found that the ALJ’s decision was supported by substantial evidence. We review the district court’s decision de novo, limiting our review to the determination of whether “the ALJ’s findings are based on legal error or are not supported by substantial evidence in the record as a whole.” Tackett v. Apfel, 180 F.3d 1094, 1097 (9th Cir.1999).

1. Claim for Disability Benefits Before January 1, 1996.

The ALJ found that while Weiler’s back disorder created a “severe”…