William Mullen v. ANDREW M. SAUL, Commissioner of Social Security

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

WILLIAM MULLEN,

Plaintiff-Appellant,

v.

ANDREW M. SAUL, Commissioner of
Social Security,

Defendant-Appellee.

No. 18-35710

D.C. No. 3:17-cv-00536-PK

MEMORANDUM
*

Appeal from the United States District Court
for the District of Oregon
Paul Papak, Magistrate Judge, Presiding

Submitted November 23, 2020
**

Before: GOODWIN, SCHROEDER, and SILVERMAN, Circuit Judges.
William J. Mullen appeals the district court’s judgment affirming the
Commissioner of Social Security’s denial of Mullen’s application for disability
insurance benefits under Title II of the Social Security Act. We have jurisdiction
under 28 U.S.C. § 1291 and 42 U.S.C. § 405(g). We review de novo, Attmore v.

*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.

**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED

NOV 27 2020

MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

2
18-35710

Colvin, 827 F.3d 872, 875 (9th Cir. 2016), and we affirm.
Mullen argues that that the administrative law judge (“ALJ”) erred by failing
to properly evaluate evidence of Mullen’s spine, hip, and leg pain, and that the
ALJ’s decision failed to mention a CT scan from Mullen’s records. These issues
are waived because Mullen did not raise them before the district court. See Greger
v. Barnhart, 464 F.3d 968, 973 (9th

Cir. 2006) (arguments raised for the first time
on appeal are deemed waived absent rare exceptions).
AFFIRMED.