Samuelson

MEMORANDUM **

Paul Samuelson (“Samuelson”) applied for Social Security disability benefits pursuant to Title II of the Social Security Act for the period from June 21, 1996, through July 5, 1997. He alleged that he was disabled during this period as a result of a severe spinal injury and related depression. The ALJ denied Samuelson’s application, finding: (1) that he was engaged in substantial gainful activity (“SGA”) during the twelve-month period; and (2) that he did not suffer from an impairment which lasted at least twelve months. The district court affirmed the Commissioner’s decision, and Samuelson timely appeals. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Samuelson contends that there was not substantial evidence to support the ALJ’s conclusions regarding SGA and duration of the impairment. Because Samuelson had no countable earnings before July 5, 1997, the ALJ should have developed the record fully regarding the comparability and worth of the work performed by Samuelson prior to June 21, 1997. See SSR 83-33. Because the record was not adequately developed, the ALJ’s conclusion that Samuelson engaged in SGA prior to June 21, 1997, was not…