Scherschel

MEMORANDUM *

Larry Scherschel appeals from the Social Security Administration’s denial of dis *630 ability and child’s benefits. Because the facts are familiar to the parties, we recount them only as necessary to explain our decision.

We review de novo a district court’s grant of summary judgment upholding the Social Security Commissioner’s denial of benefits. Edlund v. Massanari, 253 F.3d 1152, 1156 (9th Cir.2001). The decision of the Commissioner must be affirmed if it is supported by substantial evidence and free of legal error. Pagter v. Massanari, 250 F.3d 1255, 1258 (9th Cir.2001).

1. Scherschel claims that because the ALJ failed to request a medical source statement regarding what Scherschel could still do despite the diagnosed impairments, he did not fulfill his duty to develop the record.

The Commissioner’s regulations provide that “[although [the Commissioner] will request a medical source statement about what you can still do despite your impairment(s), the lack of the medical source statement will not make the report incomplete.” 20 C.F.R. § 404.1513 (b)(6). Here, the record was not incomplete. See Mayes v. Massanari, 276 F.3d 453, 459-60 (9th Cir.2001)(“An ALJ’s…