Kilian

MEMORANDUM **

Melinda Kilian appeals the decision of Magistrate Judge Michael W. Leavitt, affirming an administrative law judge’s *668 (“ALJ”) denial of her second application for disability benefits. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Substantial evidence supports the second ALJ’s decision to apply res judicata because Kilian has not established changed circumstances sufficient to overcome the presumption of continuing nondisability. See Lester v. Chater, 81 F.3d 821, 827-28 (9th Cir.1995). The record contains scant evidence from the relevant time period to show a worsening of Kilian’s condition, and a letter written by Kilian’s treating physician in 2003, stating that Kilian could no longer perform sedentary work as of 1998, is undercut by the doctor’s own treatment notes that suggested Kilian still went shopping and performed housekeeping activities.

In addition, Kilian’s claim that an intervening change in the applicable Social Security regulations bars application of res judicata is without merit. Under the rules in effect at the time Kilian filed her claim, the ALJ had discretion to determine whether obesity renders an individual disabled. See 64…