Marroquin v. Barnhart
Marroquin v. Barnhart
Opinion of the Court
MEMORANDUM
Ges E. Marroquin appeals pro se the district court’s summary judgment uphold
Because Marroquin failed to meet the regulatory requirements for re-opening, the ALJ properly denied Marroquin’s request to re-open the disability claim decided on January 11, 1995. See 20 C.F.R. §§ 416.1488, 416.1489; see also Mines v. Sullivan, 981 F.2d 1068, 1070 (9th Cir. 1992) (stating standard).
Regarding Marroquin’s appeal from the 1997 decision, we conclude that substantial evidence supports the ALJ’s finding that Marroquin was not disabled. See Tackett, 180 F.3d at 1098. The ALJ provided specific, cogent reasons for disbelieving Mar-roquin’s subjective allegations of his inability to work, see Morgan v. Comm’r of the Soc. Sec. Admin., 169 F.3d 595, 599 (9th Cir. 1999), including the minimal degree of medical treatment he sought, and the fact that Marroquin’s allegations of disability are inconsistent with his daily activities which include shopping, cooking, laundry, daily social activities, reading and watching television. Cf. Vertigan v. Halter, 260 F.3d 1044, 1050 (9th Cir. 2001). The ALJ also properly found that there were no clinical or laboratory test results supporting Marroquin’s complaints of blackouts. See Magallanes v. Bowen, 881 F.2d 747, 751 (9th Cir. 1989).
The district court did not abuse its discretion in refusing to remand on the basis of extra-record evidence consisting of two letters from Dr. Pang. Marroquin failed to show that the two letters from Dr. Pang were material, and that there was good cause for failing to incorporate the evidence into the administrative record. See Orteza v. Shalala, 50 F.3d 748, 751 (9th Cir. 1995) (per curiam). For the same reason, we do not consider the three July 12, 2002 letters that Marroquin submits on appeal. See Mayes v. Massanari, 276 F.3d 453, 462-63 (9th Cir. 2001).
Marroquin’s remaining contentions lack merit.
AFFIRMED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by Ninth Circuit Rule 36-3.
Reference
- Full Case Name
- Ges E. MARROQUIN v. Jo Anne B. BARNHART, Commissioner of the Social Security Administration
- Status
- Published