George L. Van Auken, Jr., Plaintiff-appellant, v. Social Security Administration, Defendant-appellee, 139 F.3d 909 (9th Cir. 1998)

MEMORANDUM^* 

George L. Van Auken appeals pro se the district court's affirmance of the decision of the Commissioner of the Social Security Administration ("the Commissioner") denying Van Auken disability benefits. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review the judgment of the district court de novo, see Sandgathe v. Chater, 108 F.3d 978, 980 (9th Cir. 1997), and we affirm.

The Commissioner's decision not to reopen a prior denial of benefits which has become administratively final, is purely discretionary and is not generally subject to judicial review. See Taylor v. Heckler, 765 F.2d 872, 877 (9th Cir. 1985). Because the "new evidence" submitted by Van Auken does not directly pertain to his prior applications, no exception to the rule above applies. See Gregory v. Bowen, 844 F.2d 664, 666 (9th Cir. 1988).

The decision of the Commissioner regarding Van Auken's current application was based on the correct legal standards and is supported by substantial evidence. See Sandgathe, 108 F.3d at 980. Accordingly, this court affirms the decision of the district court.

AFFIRMED.