Spelatz

MEMORANDUM *

Claimant Roberta Spelatz appeals the district court’s order affirming the administrative law judge’s (“ALJ”) finding that Claimant is not disabled within the meaning of the Social Security Act. We have jurisdiction under 28 U.S.C. § 1291 and review de novo the district court’s decision affirming an ALJ’s denial of benefits. Burch v. Barnhart, 400 F.3d 676, 679 (9th Cir.2005). A decision to deny benefits will be disturbed only if it is not supported by substantial evidence or if it rests on legal error. Id.

1. Claimant first argues that the ALJ erred in failing to conclude that her depression and personality disorder were “severe” impairments within the meaning of the Social Security Act. A severe impairment “significantly limits” a claimant’s “physical or mental ability to do basic work activities.” 20 C.F.R. § 404.1520 (c).

In his first opinion dated June 15, 2004, the ALJ found that Claimant’s situational depression was a “severe” impairment but concluded that neither her depression nor her other ailments prevented her from performing her past relevant work. Claimant sought review by the Appeals Council, which remanded the case because the ALJ’s first decision…