Hendrick

MEMORANDUM ***

Appellant Fred W. Hendrick (hereinafter “Claimant”) brought this action for judicial review, pursuant to 42 U.S.C. § 405 (g), challenging the denial of social security disability benefits. The district court granted Appellee’s (“the Commissioner”) motion for summary judgment, and we have jurisdiction to review pursuant to 28 U.S.C. § 1291 . We review de novo a district court’s decision upholding the Commissioner’s denial of benefits, and must uphold the decision if the Commissioner’s denial is supported by substantial evidence and free of legal error. See Tackett v. Apfel, 180 F.3d 1094, 1097 (9th Cir.1999). We affirm.

1. Although Claimant alleges that the administrative law judge (“ALJ”) erred by failing to consider whether Claimant was statutorily disabled on the date of the administrative hearing, it is undisputed that Claimant must have been insured at the time he suffered the disability in order to receive benefits. See, e.g., Flaten v. Sec’y of Health & Human Servs., 44 F.3d 1453, 1458 (9th Cir.1995). Unless Claimant could show the ALJ that he was continuously disabled from prior to the date he was last insured (“DLI”), his claim was properly denied. Id. at…