Nancy Coomer v. Michael Astrue

MEMORANDUM

Nancy Coomer appeals pro se the district court’s decision affirming the Com missioner’s determination that her late ex-husband Danny Coomer (“Coomer”) was ineligible for disability insurance benefits under Title II of the Social Security Act for the period from January 1994 through December 1995. Although Coomer was determined to be disabled due to Crohn’s disease and related secondary impairments as of September 3,1985, an Administrative Law Judge (ALJ) in 2006 found that Coomer’s entitlement to benefits ended on March 31, 1994, because he was at that time engaged in substantial gainful activity (SGA). The district court had jurisdiction pursuant to 42 U.S.C. § 405 (g), and we have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm.

Appellant first contends the ALJ erred in ruling that Coomer’s medical condition was irrelevant to the determination whether he was engaged in SGA in 1994 and 1995. We disagree. Where a claimant has previously been found to be disabled within the meaning of the Social Security Act, his eligibility for disability benefits may cease, regardless of his medical condition, if he is found upon any statutorily mandated review to have engaged…