Robert Stilwell, Plaintiff-appellant, v. Donna E. Shalala**, Secretary of Health Andhuman Services, Defendant-appellee, 24 F.3d 249 (9th Cir. 1994)

MEMORANDUM^*** 

Robert Stilwell appeals the district court's grant of summary judgment for the Secretary of Health and Human Services' (Secretary), finding that Stilwell was not disabled and therefore was not entitled to disability insurance benefits under Title II of the Social Security Act, 42 U.S.C. §§ 401-405 (Title II). Stilwell contends that the district court erred by upholding the administrative law judge's disregard of the opinion of his treating physician, Dr. Joseph R. Meyers, that he was disabled. We have jurisdiction under 28 U.S.C. § 1291 and we affirm.

We review de novo a district court's grant of summary judgment. Penny v. Sullivan, 2 F.3d 953, 956 (9th Cir. 1993). We will not disturb the Secretary's decision to deny benefits if it is supported by substantial evidence and free of legal error. Megallanes v. Bowen, 881 F.2d 747, 750 (9th Cir. 1989). This court may affirm the district court judgment for any reason finding support in the record. Welch v. Fritz, 909 F.2d 1330, 1331 (9th Cir. 1990).

In order to obtain disability benefits, a claimant must demonstrate that he was disabled prior to his last insured date. 42 U.S.C. § 423(c); Morgan v. Sullivan, 945 F.2d 1079, 1080 (9th Cir. 1991). The claimant has the burden of proof on this issue. Morgan, 945 F.2d at 1080.

Here, the record reveals that Stilwell's last insured date was December 31, 1988. In May 1989, Dr. Meyers concluded that Stilwell was totally disabled, despite conflicting reports from other physicians. Even assuming the administrative law judge improperly disregarded Dr. Meyer's opinion, Stilwell would not be entitled to disability benefits because his insured status had expired. Accordingly, the district court properly granted summary judgment in favor of the Secretary.

AFFIRMED.