FILED
NOT FOR PUBLICATION JUN 16 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
CHERYL L. ROWE, No. 07-35817
Plaintiff - Appellant, D.C. No. CV-06-05436-RBL
v.
MEMORANDUM *
MICHAEL J. ASTRUE, Commissioner of
Social Security,
Defendant - Appellee.
Appeal from the United States District Court
for the Western District of Washington
Ronald B. Leighton, District Judge, Presiding
Argued and Submitted February 1, 2010
Seattle, Washington
Before: ALARCÓN, W. FLETCHER and RAWLINSON, Circuit Judges.
Cheryl Rowe appeals the district court’s order affirming a decision of the
Commissioner of the Social Security Administration. Specifically, Rowe appeals
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
the basis on which the Administrative Law Judge (ALJ) awarded her disability
benefits.
We grant the government’s motion to strike the additional exhibits submitted
by Rowe with her first reply brief to this court. The exhibits are not part of the
administrative record upon which this court must base its review. Harman v.
Apfel, 211 F.3d 1172, 1177 (9th Cir. 2000). See also 42 U.S.C. § 405(g).
We review the district court’s decision de novo. Batson v. Comm’r of Soc.
Sec. Admin, 359 F.3d 1190, 1193 (9th Cir. 2004). We must affirm the ALJ’s
decision, if it is supported by substantial evidence and if the ALJ applied the
correct legal standards. Id. Even if the evidence could support more than one
rational interpretation, we defer to the ALJ’s decision as long as it is among the
rational interpretations. Id.
The evidence in the record here supports more than one rational
interpretation. The ALJ’s determination that Rowe’s disability results from the
combined effects of physical and mental disorders is among those rational
interpretations. In reaching his determination, the ALJ applied the correct legal
standards..
AFFIRMED.
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