Jana M. Bayliss v. Jo Anne B. Barnhart, Commissioner, Social Security Administration

Jana Bayliss appeals the district court’s affirmance of the Social Security Commissioner’s denial of her application for disability insurance benefits and supplemental security income benefits pursuant to Titles II and XVI of the Social Security Act, 42 U.S.C. §§ 401 et seq., 1381 et seq. The Administrative Law Judge (“ALJ”) found that Bayliss retained the capacity to perform a wide range of light work, and thus that she was not disabled within the meaning of the Social Security Act. The Appeals Council declined review, and the district court affirmed. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

I

Bayliss asserts that her due process rights were violated. She contends that the ALJ was preoccupied with whether her attorney properly disclosed a doctor’s report, and thus that the ALJ did not impartially assess the evidence. To succeed in this claim, Bayliss must show that “the ALJ’s behavior, in the context of the whole case, was ‘so extreme as to display-clear inability to render fair judgment.’ ” Rollins v. Massanari, 261 F.3d 853, 858 (9th Cir.2001) (quoting Liteky v. United States, 510 U.S. 540, 551 , 114 S.Ct. 1147 , 127 L.Ed.2d 474 (1994)). We must…