Astrue

MEMORANDUM **

Kelly Clark appeals the district court’s grant of summary judgment to the Commissioner of Social Security. On appeal he makes three contentions. First, Clark contends that he was denied due process when the Social Security Appeals Council neglected to send him notice of its consideration of his petition. Second, Clark argues that the Administrative Law Judge (“ALJ”) was obligated to develop a record with regard to his physical disability. Finally, he claims that the ALJ improperly rejected the opinion of Clark’s treating psychiatrist. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

1. Due Process

Clark contends that the Appeals Council has an established practice of sending a letter to a claimant when it is preparing to review his or her petition for review. Such a letter allegedly provides a claimant with twenty-five days to supply additional evidence that the claimant wishes the Appeals Council to consider. Clark further asserts that he never received such a letter in this case, and that such a failure amounts to a violation of his due process rights.

We disagree. Regardless of whether such a practice of sending notice letters in fact exists, the…