Herrera

Herrera v. Barnhart

Good Law

379 F. Supp. 2d 1103·2005 WL 1802863·2005 U.S. Dist. LEXIS 22615

United States District Court, Central District of CaliforniaJuly 20, 2005EDCV 04-0732-RCCalifornia2,683 words

Opinion

Chapman, J.

OPINION AND ORDER

Plaintiff Victor Herrera filed a complaint on June 18, 2004, seeking review of the Commissioner’s decision denying his application for disability benefits. The Commissioner answered the complaint on February 28, 2005, and the parties filed a joint stipulation on April 4, 2005.

BACKGROUND

I

On September 11, 2002, plaintiff applied for disability benefits under Title II of the Social Security Act (“the Act”), 42 U.S.C. § 423 , claiming an inability to work since April 1, 1997, due to neck, back, and waist problems. Certified Administrative Record (“A.R.”) 57-59, 78. The plaintiffs ap plication was initially denied on October 25, 2002, and was again denied on December 3, 2002, following reconsideration. A.R. 33-42. The plaintiff then requested an administrative hearing, which was held before Administrative Law Judge Norman Buis (“the ALJ”) on July 17, 2003. A.R. 43, 249-68. On October 24, 2003, the ALJ issued a decision finding plaintiff is not disabled. A.R. 14-25. The plaintiff appealed this decision to the Appeals Council, which denied review on April 19, 2004. A.R. 3-7.

II

The plaintiff, who was born on March 10, 1954, is currently 51 years old. A.R. 52,…

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