Opinion
This panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).
NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)
Appeal from the United States District Court for the Eastern District of California, Lawrence K. Karlton, Senior Judge, Presiding.
Jesse S. Kaplan, Esq., Sacramento, CA, for Plaintiff-Appellant.
Bobbie Montoya, Office of the U.S. Attorney, Sacramento, CA, Grace B. Carter, Social Security Administration, Office of the General Counsel, San Francisco, CA, for Defendant-Appellee.
Before SCHROEDER, Chief Judge, D.W. NELSON, and RYMER, Circuit Judges.
Page 762.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
Melvin Phillips appeals the district court's summary judgment in favor of the Commissioner of the Social Security Administration. Because Phillips engaged in substantial gainful activity for several years prior to applying for child disability insurance benefits, he was not continuously disabled since age 22 and accordingly is not entitled to benefits. See Smolen v. Chater, 80 F.3d 1273, 1280 (9th Cir.1996). The decision of the district court is
AFFIRMED.