Thuesen
Thuesen v. Barnhart
Opinion
Lead Opinion
MEMORANDUM **
Judy Thuesen appeals the district court’s affirmance of the Social Security Commissioner’s denial of her application for Title II Social Security disability benefits. Thuesen injured her back in a slip- and-fall accident in April 1996 and has been diagnosed with fibromyalgia. 1 The Administrative Law Judge (“ALJ”) found that Thuesen retained the capacity to perform a limited range of sedentary work and therefore was not disabled. The Appeals Council declined Thuesen’s request for review, and the district court affirmed. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.
*91 The district court did not err in declining to remand the case to allow the Commissioner to consider evidence Thuesen submitted after her hearing because the evidence is not material to the ALJ’s determination that Thuesen was not disabled prior to December 31, 2001, her date last insured. See Mayes v. Massanari, 276 F.3d 453, 462 (9th Cir.2001).
The ALJ gave clear and convincing reasons, supported by substantial evidence, for finding Thueseris testimony not credible. See Rollins v. Massanari, 261 F.3d 853, 856-57 (9th Cir.2001). The ALJ noted that Thueseris daily activities…