Anthony Barrientez v. Michael Astrue

MEMORANDUM

Anthony Barrientez appeals the district court’s decision affirming the Commissioner of Social Security’s denial of Barrien-tez’s application for disability insurance benefits and supplemental security income under Titles II and XVI of the Social Security Act, 42 U.S.C. §§ 416 , 423. We have jurisdiction under 28 U.S.C. § 1291 . Because substantial evidence supports the Administrative Law Judge’s (“ALJ”) decision and the ALJ committed no legal error, we affirm.

We review de novo the district court’s order upholding a decision of the Commissioner denying benefits to an applicant. Aukland v. Massanari, 257 F.3d 1033, 1034-35 (9th Cir.2001). The Commissioner’s decision must be upheld if it is supported by substantial evidence and is free of legal error. Id. at 1035 . Under this standard, if evidence exists to support more than one rational interpretation, we must defer to the Commissioner’s decision. Batson v. Comm’r Soc. Sec. Admin., 359 F.3d 1190, 1198 (9th Cir.2004). Additionally, “[a] decision of the ALJ will not be reversed for errors that are harmless.” Burch v. Barnhart, 400 F.3d 676, 679 (9th Cir.2005).

First, to the extent the ALJ may have erred by admitting…