Stewart

MEMORANDUM **

Jarey Stewart appeals pro se the district court’s summary judgment affirming the *478 Commissioner of Social Security (“Commissioner”) in her denial of disability insurance benefits and supplemental security income under Titles II and XVI of the Social Security Act, 42 U.S.C. §§ 401-33 . We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Stewart’s 42 U.S.C. § 1983 claims fail because his civil rights allegations stem from the denial of social security benefits, and therefore his action arises solely under the Social Security Act. Because 42 U.S.C. § 405 (g) is the exclusive means for judicial review of the Commissioner’s decisions, Weinberger v. Salfi, 422 U.S. 749, 757 , 95 S.Ct. 2457 , 45 L.Ed.2d 522 (1975), the district court properly ordered service on the Commissioner only and dismissed all remaining defendants.

The court reviews de novo the district court’s order and may only set aside the denial of benefits if the decision is not supported by substantial evidence, or if it is based on legal error. See Flaten v. Sec’y of Health & Human Servs., 44 F.3d 1453, 1457 (9th Cir.1995).

The district court properly granted summary judgment to the…