Shaun Y. Stanistreet, Plaintiff-appellant, v. Shirley S. Chater,* Commissioner, Socialsecurity Administration, Defendant-appellee, 106 F.3d 409 (9th Cir. 1997)

MEMORANDUM^*** 

Shaun Y. Stanistreet appeals pro se the district court's summary judgment in favor of the Commissioner in Stanistreet's action seeking disability insurance benefits and supplemental security income benefits pursuant to Titles II and XVI of the Social Security Act, 42 U.S.C. § 1381a. Stanistreet alleged that he was unable to work because he suffered from, among other things, fibromyalgia, headaches and memory loss. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

We review de novo a district court's order upholding a denial of benefits. Moncada v. Chater, 60 F.3d 521, 523 (9th Cir. 1995) (per curiam). The decision must be affirmed if substantial evidence supports the findings of the administrative law judge ("ALJ") and the ALJ applied the correct legal standards. Id.

After a de novo review of the record, we affirm for the reasons stated in the district court's order filed on October 13, 1995.

To the extent that Stanistreet contends that he is entitled to benefits because there is evidence in the record that he suffers from an effective disorder, we decline to consider this claim because Stanistreet failed to raise it before the district court. See Ravell v. United States, 22 F.3d 960, 962 (9th Cir. 1994).

We have considered Stanistreet's other contentions and find them to be without merit.

AFFIRMED.