Finch
Finch v. Barnhart
Opinion
Opinion
Chapman, J.
OPINION AND ORDER
On April 12, 2006, plaintiff Lillian Finch filed a petition for writ of mandamus, a supporting memorandum of points and authorities, and the supporting purported declaration of plaintiffs counsel, Manuel D. Serpa, with exhibits. On June 22, 2006, defendant filed a motion to dismiss the petition and the supporting declaration of Dennis V. Ford, with exhibits, and on July 7, 2006, plaintiff filed a reply. -
BACKGROUND
On December 4, 2002, plaintiff filed an application for disability benefits under Title II of the Social Security Act (“the Act”), 42 U.S.C. § 423 . On July 7, 2005, following an administrative hearing, Administrative Law Judge Theodore T. Gotsch (“the ALJ”) issued a decision finding plaintiff is not disabled and denying plaintiffs application for disability benefits. Declaration of Dennis V. Ford (“Ford Deck”), ¶ 3(a), Exh. 1. The plaintiff attempted to obtain review by the Appeals Council of the ALJ’s decision; however, on March 6, 2006, the Appeals Council dismissed plaintiffs request for review, stating:
Ford Deck, ¶ 3(c), Exh. 4 (citations omitted).