
    David B. LOWRY, Plaintiff — Appellant, v. Jo Anne BARNHART, in her capacity as Commissioner of the Social Security Administration, Defendant — Appellee.
    No. 01-35353.
    D.C. No. CV-00-1277-BR.
    United States Court of Appeals, Ninth Circuit.
    Submitted Nov. 8, 2002.
    
    Decided Nov. 13, 2002.
    Before REAVLEY, KOZINSKI and W. FLETCHER, Circuit Judges.
    
      
       The panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).
    
    
      
       The Honorable Thomas M. Reavley, Senior United States Circuit Judge for the Fifth Circuit, sitting by designation.
    
   MEMORANDUM

42 U.S.C. § 406(a)(2)(A) does not impose a ministerial duty to increase fees or to consider doing so. Mandamus is therefore unavailable. See Or. Natural Resources Council v. Hairell, 52 F.3d 1499, 1508 (9th Cir.1995).

AFFIRMED. 
      
       -pjjjg 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.
     