Papkov

Papkov v. O'Malley

Good Law
United States District Court, Northern District of CaliforniaNovember 25, 20243:24-cv-01100California1,221 words

Opinion

Trial Court Opinion

BACKGROUND

21 Pursuant to the Social Security Act, on October 4, 2019, Plaintiff filed an application for child 22 disability benefits, on his father’s social security number, alleging disability beginning December 15, 23 2002. (AR 132.) This claim was denied initially and on reconsideration. (AR 132.) On May 27, 24 2021, an Administrative Law Judge dismissed Plaintiff’s application on res judicata grounds based on 25 26 1 Plaintiff’s father Viktor Papkov, who was appointed as his representative before the Social 27 Security Administration, brings this action on his son’s behalf because his son is mentally a prior application. (AR 160.) The Appeals Council later vacated that dismissal finding res judicata did not apply and remanded for a new hearing and consideration of evidence. (AR 161.) Plaintiff’s father appeared at the two subsequently scheduled hearings on Plaintiff’s behalf because Plaintiff was unable to attend due to his institutionalization. (AR 161.) On May 3, 2023, the ALJ issued her decision finding Plaintiff had not offered evidence he was disabled prior to July 15, 2006, the date he turned 22. (AR 160-169.) Plaintiff filed…

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