Robert Guardado v. Michael Astrue

MEMORANDUM

Robert Guardado appeals the judgment of the district court affirming the Commissioner’s final decision denying Guardado disability benefits under Title XVI of the Social Security Act, 42 U.S.C. §§ 401-434 , 1381-1383f. We have jurisdiction under 28 U.S.C. § 1291 . We review the district court’s decision de novo. Bayliss v. Barnhart, 427 F.3d 1211 , 1214 n. 1 (9th Cir.2005). We affirm.

The second step of the Social Security Administration’s five-step disability evaluation screens out claimants who do not have a “severe impairment” or “combination of impairments” that significantly limits the claimant’s “physical or mental ability to do basic work activities.” 20 C.F.R. § 404.1520 (c). A disability must be present for at least twelve months continuously or be expected to result in death. 42 U.S.C. § 423 (d)(1)(A). The claimant bears the burden at step two. Bowen v. Yuckert, 482 U.S. 137 , 146 n. 5, 107 S.Ct. 2287 , 96 L.Ed.2d 119 (1987).

The administrative law judge (“ALJ”) determined that Guardado did not establish a severe impairment or combination of impairments present for at least twelve months. This conclusion is supported by substantial evidence. After back…