Css

MEMORANDUM

Plaintiff-Appellant Scott Brodie appeals the district court’s grant of summary judgment in favor of the Commissioner. As the facts and procedural history are familiar to the parties, we do not recite them here except as necessary to explain our disposition. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Brodie may not re-litigate his prior claims for benefits, including claims this court has previously denied. “Under applicable regulations, Brodie [is] required to request a reopening of the ALJ’s decision directly from the Appeals Council within twelve months of the Council’s denial of review of that application.” Brodie v. Comm’r of Soc. Sec., 267 Fed.Appx. 662, 664 (9th Cir.2008); see also 20 C.F.R. § 416.1488 . Brodie has not requested the reopening of any prior ALJ decision and is thus foreclosed from re-litigating those claims now.

The ALJ did not err in determining that Brodie’s syncope and seizures did not equal listed impairments 11.02 or 11.03 for convulsive and non-convulsive epilepsy. Brodie does not meet either listing requirement because he failed to show that he underwent three months of prescribed treatment without success, or that his…