Diane Herman, Plaintiff-appellant, v. Donna Shalala,** Secretary of Health and Humanservices, Defendant-appellee, 21 F.3d 1113 (9th Cir. 1994)

Before: PREGERSON, O'SCANNLAIN, and FERNANDEZ, Circuit Judges

MEMORANDUM^*** 

Diane Herman appeals the district court's affirmance of the Secretary of Health and Human Services ("HHS") denial of her application for disability benefits. We affirm.

* Herman argues on appeal that the ALJ erred by not giving greater weight to her treating doctor's opinion, not considering fully the combination of her impairments, and not accepting her complaints of fatigue and limited abilities. Since she did not raise these issue before the Appeals Council or the district court, we decline to review them. Matney v. Sullivan, 981 F.2d 1016, 1019 (9th Cir. 1992).

II

Herman argues that because she has nonexertional, as well as exertional, limitations on the range of work she can do, the ALJ should have taken testimony from a vocational expert rather than rely on vocational guidelines ("grids") to determine the type of work she can perform. Where both exertional and nonexertional limitations are alleged, "the grids may be used to find a claimant not disabled when the ALJ finds that the claimant's nonexertional limitations do not significantly affect his exertional capabilities." Bates v. Sullivan, 894 F.2d 1059, 1063 (9th Cir. 1990) (emphasis added).

The ALJ did not err in applying the grids because substantial evidence supported his conclusion that Herman's nonexertional limitations did not sufficiently affect her exertional capabilities.

AFFIRMED.