Astrue

MEMORANDUM ***

Vikki De La Rosa appeals the district court’s order affirming an Administrative Law Judge’s denial of social security benefits and refusal to reopen her 1998 benefits determination.

The district court’s order affirming the ALJ’s benefits denial is reviewed de novo. *583 Thomas v. Barnhart, 278 F.3d 947, 954 (9th Cir.2002). The ALJ’s decision may be set aside only if it is unsupported by substantial evidence or based on legal error. Id.; 42 U.S.C. § 405 (g). When the evidence is rationally subject to different interpretations, the ALJ’s decision must be upheld. Mayes v. Massanari, 276 F.3d 453, 459 (9th Cir.2001); Morgan v. Comm’r of Soc. Sec. Admin., 169 F.3d 595, 599 (9th Cir.1999).

The ALJ’s finding that De La Rosa’s depression and fibromyalgia did not preclude her from engaging in substantial gainful activity was supported by substantial evidence. 42 U.S.C. § 423 (d)(1)(A); 20 C.F.R. § 404.1594 (b)(4); Burch v. Barnhart, 400 F.3d 676, 679 (9th Cir.2005). The only physician who performed a comprehensive neurological and physical examination found De La Rosa’s physical limitations did not meet a listed impairment and her mental limitations were not severe. A…