Krieger

MEMORANDUM ***

The Social Security Commissioner denied Robert Krieger’s application for Title II Social Security disability benefits, 42 U.S.C. § 401 et seq., and Title XVI Supplemental Security Income disability benefits, 42 U.S.C. § 1381 et seq., for emphysema and bipolar disorder. Krieger appealed to an Administrative Law Judge (“ALJ”), who ruled that Krieger was able to perform jobs available in significant numbers in the national economy and therefore was not disabled under the Social Security Act. The ALJ also ruled that because Krieger was not disabled on or before the date his insurance status expired, he was not entitled to receive disability insurance benefits. The district court affirmed.

We review the district court’s judgment de novo, and independently determine “whether the Commissioner’s decision (1) is free of legal error and (2) is supported by substantial evidence,” Smolen v. Chafer, 80 F.3d 1273 , 1279 (9th Cir.1996) (citing Fair v. Bowen, 885 F.2d 597, 601 (9th Cir.1989)), such that a “reasonable mind might accept [the evidence] as adequate,” Consolidated Edison Co. v. NLRB, 305 U.S. 197, 229 , 59 S.Ct. 206 , 83 L.Ed. 126 (1938). We have jurisdiction under 28…