DEAN WHITE V. MICHAEL ASTRUE, No. 11-17306 (9th Cir. 2013)

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NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED FOR THE NINTH CIRCUIT MAY 02 2013 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS DEAN C. WHITE, No. 11-17306 Plaintiff - Appellant, D.C. No. 3:10-cv-02124-CRB v. MEMORANDUM * MICHAEL J. ASTRUE, Commissioner, Social Security Administration, Defendant - Appellee. Appeal from the United States District Court for the Northern District of California Charles R. Breyer, District Judge, Presiding Argued and Submitted April 16, 2013 San Francisco, California Before: SCHROEDER, THOMAS, and SILVERMAN, Circuit Judges. Dean White appeals the district court s grant of summary judgment in favor of the Commissioner. We have jurisdiction to consider the due process claim and * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. review the administrative decision for substantial evidence. Udd v. Massanari, 245 F.3d 1096, 1099-1100 (9th Cir. 2001). We affirm. Substantial evidence supports the administrative law judge s finding that Social Security Ruling 91-5p does not apply because White was represented by a non-attorney when he applied for benefits and sought reconsideration of the denial of benefits in 1990 and 1991. White s request for reconsideration designated Carol Nuss, a paralegal and friend, in writing as his non-attorney representative. It was signed by both Nuss and White and filed with the Social Security office. This written designation substantially complied with 20 C.F.R. § 416.1507. Because at least one of the reasons provided by the administrative law judge for exercising his discretion to deny the motion to reopen is supported by substantial evidence, White s due process claim fails. AFFIRMED. 2

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