Banks

Banks v. Barnhart

Bad Law

434 F. Supp. 2d 800·2006 WL 1683655·2006 U.S. Dist. LEXIS 70970

United States District Court, Central District of CaliforniaJune 13, 2006EDCV 05-0021-RCCalifornia4,200 words

Opinion

Chapman, J.

OPINION AND ORDER

Plaintiff Richard Banks filed a complaint on January 6, 2005, seeking review of the Commissioner’s decision denying his applications for disability benefits. The Commissioner answered the complaint on May 26, 2005, and the parties filed a joint stipulation on August 3, 2005.

BACKGROUND

I

On September 3, 1999 (protective filing date), plaintiff filed an application for disability benefits under Title II of the Social Security Act (“the Act”), 42 U.S.C. § 423 , and on April 12, 2000, plaintiff filed an application for disability benefits under the Supplemental Security Income (“SSI”) program of Title XVI of the Act, 42 U.S.C. § 1382 (a), claiming an inability to work since October 10, 1998, due to hypertension, depression and throat cancer. Certified Administrative Record (“A.R.”) 81-84, 118, 151, 476-80. Plaintiffs Title II application was denied on February 11, 2000, and both applications were denied on June 2, 2000, following reconsideration. A.R. 64-73. Plaintiff then requested an administrative hearing, which was held before Administrative Law Judge F. Keith Varni (“the ALJ”) on February 8, 2001. A.R. 31-56. On February 26, 2001, the ALJ issued a decision…

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