DeOcampo

MEMORANDUM **

Jason DeOcampo appeals from the district court’s grant of summary judgment to the Commissioner of Social Security. The administrative law judge (ALJ) denied DeOcampo’s application for supplemental security income, and the Appeals Council declined to reopen DeOcampo’s case.

DeOcampo argues that a Department of Veterans Affairs (VA) disability rating— issued after the ALJ’s decision — constitutes new and material evidence requiring a remand for a hearing before the ALJ. See Hoa Hong Van v. Barnhart, 483 F.3d 600, 605 (9th Cir.2007). DeOcampo has failed to show that there is a “reasonable possibility” that, had the ALJ considered the VA rating, the result of the proceedings would have been different. Mayes v. Massanari, 276 F.3d 453, 462 (9th Cir.2001). Although DeOcampo claims that the ALJ confused his encounter with police with the alleged shooting of his cousin, the VA’s decision does not distinguish between these two events. Moreover, before the district court, DeOcampo conceded that the VA’s decision was based on the same medical information presented to the ALJ, and he is bound by those concessions. See Reynoso v. Giurbino, 462 F.3d 1099, 1110 (9th…