Graham

MEMORANDUM **

Eligha Graham appeals the district court’s affirmance of the Social Security Commissioner’s denial of his application for disability insurance benefits under Title II of the Social Security Act.

Graham first contends that the Administrative Law Judge (“ALJ”) erred in applying the Medical Vocational Guidelines (“the guidelines”) to determine that he could perform light work. The guidelines may not be applied routinely without more analysis to a claimant who has significant nonexertional limitations. Penny v. Sullivan, 2 F.3d 953, 958 (9th Cir.1993). However, after evaluating the credibility of the lay witnesses and Graham’s treating physician, the ALJ properly found that his nonexertional limitations did not significantly affect his ability to perform a full range of light work. Graham relies on the district court’s reversal of the initial ALJ’s decision to argue that the guidelines should not have been applied on remand either. However, unlike in the initial hearing, the ALJ on remand discussed lay witness testimony and obtained a proper psychological evaluation of Graham. Use of the guidelines was proper.

Graham further alleges that the ALJ erred by not giving…