Jamerson
Jamerson v. Commissioner of Social Security
Opinion
Lead Opinion
*724 MEMORANDUM ***
Keith Jamerson appeals pro se from the district court’s order affirming the denial of his 1994 application for supplemental security income. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a district court’s decision upholding the Commissioner’s denial of benefits. Tackett v. Apfel, 180 F.3d 1094, 1097 (9th Cir.1999). We must uphold the Commissioner’s decision if it is supported by substantial evidence and free of legal error. Rollins v. Massanari, 261 F.3d 853, 856 (9th Cir.2001). We affirm.
Jamerson contends he was denied due process when the Commissioner terminated without notice the benefits Jamerson was receiving pursuant to a 1987 application. The district court properly rejected this contention because the instant proceedings concern a 1994 application and there is no evidence in the record of a 1987 application. As a result, Jamerson failed to demonstrate a protected property interest, and thus, failed to establish a due process violation. See Mathews v. Eldridge, 424 U.S. 319, 332-33 , 96 S.Ct. 893 , 47 L.Ed.2d 18 (1976).
Moreover, Jamerson’s contention that the administrative law judge (“ALJ”) should have considered evidence of his…