Ruth Shuey v. Michael Astrue

MEMORANDUM

Ruth Shuey (“Shuey”) appeals the district court’s order affirming the decision of the administrative law judge (“ALJ”) denying her application for disability benefits. We review de novo the district court’s order affirming the ALJ’s denial of benefits. Tommasetti v. Astrue, 533 F.3d 1035, 1038 (9th Cir.2008). We may reverse the Commissioner’s decision only if it is not supported by substantial evidence or is based on legal error. Robbins v. Soc. Sec. Admin., 466 F.3d 880, 882 (9th Cir.2006). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Shuey argues that the ALJ erred at Step Two of the sequential analysis by failing to articulate the requisite elements of the special technique for evaluating mental impairments. Shuey raises this argument for the first time on appeal and therefore has waived the issue. See Greger v. Barnhart, 464 F.3d 968, 973 (9th Cir.2006). We decline to consider the issue because manifest injustice will not result from our compliance with the general waiver rule and because the law has not changed during the pendency of this appeal. Id.

Shuey contends that the ALJ improperly discussed references, found in the medical records,…