Eksund

MEMORANDUM *

Miranda Eksund appeals from the district court’s order affirming the denial of Disability Insurance and Supplemental Security Income benefits under the Social Security Act, 42 U.S.C. §§ 423 & 1382(a). Eksund challenges the administrative law judge’s (ALJ) determinations at steps four and five of the five-step sequential evaluation process. See 20 C.F.R. § § 404.1520 & 416.920. We affirm.

1. Substantial evidence does not support the determination at step four that Eksund had past relevant work to which she was capable of returning. Eksund’s earnings at the convention center job were far below a level that would indicate that the work was “substantial gainful activity.” See 20 C.F.R. § § 404.1574(b) & 416.974(b). The Commissioner has not pointed to substantial evidence that, despite Eksund’s low earnings, this work was substantial gainful activity. See Lewis v. Apfel, 236 F.3d 503, 515 (9th Cir.2001). Indeed, the ALJ specifically found that Eksund had “not engaged in substantial gainful activity in the past.” Because past work must have been done at the substantial gainful activity level to be “past relevant work” under the regulations, see 20 C.F.R. §§ 404.1560…