Tammy Phillippi v. Michael Astrue

MEMORANDUM

Tammy Philippi appeals pro se the judgment of the district court affirming the Commissioner of Social Security’s denial of her application for disability insurance benefits under Title II of the Social Security Act. We have jurisdiction under 28 U.S.C. § 1291 and affirm.

We review de novo a district court’s judgment upholding the denial of social security benefits. Tommasetti v. Astrue, 538 F.3d 1035 , 1038 (9th Cir.2008). We must affirm the denial of benefits unless it is based on legal error or the findings of fact are not supported by substantial evidence. Valentine v. Comm’r Soc. Sec. Admin., 574 F.3d 685, 690 (9th Cir.2009).

Philippi contends the administrative law judge improperly found her impairments not equivalent to listing 12.04 of the regulatory Listing of Impairments at 20 C.F.R. Part 404, Supbpart P, Appendix 1. Philippi bears the burden of proving that her condition is equivalent to a listed impairment. Burch v. Barnhart, 400 F.3d 676, 683 (9th Cir.2005). The criteria for Listing 12.04 include diagnostic criteria establishing an affective disorder and severity criteria establishing marked limitation in mental function. The ALJ found Philippi did not…