Brodie
Brodie v. Commissioner of Social Security
Opinion
lead Opinion
*664 MEMORANDUM ***
The facts and procedural posture of the case are known to the parties, and we do not repeat them here. Claimant Scott Brodie appeals from the magistrate judge’s affirmance of the ALJ’s denial of disability insurance benefits (“SSI benefits”) under Title II of the Social Security Act, 42 U.S.C. § 401 et seq.
Brodie states that his “present application, alleging disability since 11/22/98, ... constitutes an implied request for reopening” of the ALJ’s denial of benefits on his previous claim for SSI benefits, entered on October 24, 2001. Under applicable regulations, Brodie was required to request a reopening of the ALJ’s decision directly from the Appeals Council within twelve months of the Council’s denial of review of that application. See 20 C.F.R. § 404.988 (a). Because Brodie failed to do so, the ALJ’s decision has become final. See 20 C.F.R. § 404.987 (a). The district court lacked jurisdiction to review this discretionary decision. See Udd v. Massanari, 245 F.3d 1096, 1098-99 (9th Cir.2001).
Our review is limited to whether Brodie was disabled as of October 25,2001. Brodie raises three challenges to the ALJ’s determination that he is not disabled.…