Bodnarchuk

MEMORANDUM **

Roy P. Bodnarchuk appeals the district court’s summary judgment affirming the decision of the Commissioner of the Social Security Administration (“Commissioner”) denying his application for disability insurance benefits under Title II of the Social Security Act, 42 U.S.C. §§ 401-33 . We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the district court’s summary judgment and must uphold the Commissioner’s decision if it is supported by substantial evidence and is free of legal error. Verduzco v. Apfel, 188 F.3d 1087, 1089 (9th Cir.1999). We affirm.

Because Bodnarchuk was not insured under Title II when he filed his application for disability benefits on May 5, 1999, he had the burden of proving that he had been continuously disabled from on or before March 31, 1981 — his date last insured. See Flaten v. Sec’y of Health & Human Servs., 44 F.3d 1453, 1460 (9th Cir.1995).

We reject Bodnarchuk’s contention that substantial evidence showed that he became totally disabled on June 30, 1980 as a result of complications from a 1972 motorcycle accident. The administrative law judge (“ALJ”) correctly determined that Bodnarchuk failed to produce sufficient…