FILED
NOT FOR PUBLICATION MAR 17 2015
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
JOSHUA STRONG, No. 13-36208
Plaintiff - Appellant, D.C. No. 3:12-cv-02046-HZ
v.
MEMORANDUM*
CAROLYN W. COLVIN, Commissioner
of Social Security,
Defendant - Appellee.
Appeal from the United States District Court
for the District of Oregon
Marco A. Hernandez, District Judge, Presiding
Submitted November 3, 2014**
Before: LEAVY, GRABER, and W. FLETCHER, Circuit Judges.
Joshua Strong appeals the district court’s judgment affirming the
Commissioner of Social Security’s denial of his application for child disability
benefits and supplemental security income under Titles II and XVI of the Social
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
Security Act. Strong contends that the administrative law judge (“ALJ”) failed to
develop the record sufficiently by denying Strong’s request for a psychological
evaluation to ascertain his current IQ scores. He also argues that the record is
ambiguous and incomplete without such evidence because it would be probative of
his current work-related capabilities. We have jurisdiction under 28 U.S.C.
§ 1291. We review de novo, Molina v. Astrue, 674 F.3d 1104, 1110 (9th Cir.
2012), and affirm.
Strong’s contention that the ALJ failed to fulfill his duty to develop the
record sufficiently is unpersuasive. The evidence was not ambiguous, and the
record allowed the ALJ to evaluate Strong’s capacity to work. Tonapetyan v.
Halter, 242 F.3d 1144, 1150 (9th Cir. 2001). The ALJ reasonably supported his
findings that Strong’s learning disorder constituted a severe impairment, and that
Strong was limited to entry level jobs, by citing Strong’s subjective testimony and
objective medical findings, including his 1998 and 2001 IQ scores, school records,
and the assessments of the state disability examiners. Molina, 674 F.3d at 1110-
11; Tonapetyan, 242 F.3d at 1147.
AFFIRMED.
2