Kreidler

Kreidler v. Barnhart

Good Law
385 F. Supp. 2d 1034·2005 WL 2086736·2005 U.S. Dist. LEXIS 25642
United States District Court, Central District of CaliforniaJuly 26, 2005EDCV 04-0662-RCCalifornia1,113 words

Opinion

Opinion

Chapman, J.

OPINION AND ORDER

Plaintiff Rosie Kreidler filed a complaint on June 8, 2004, seeking review of the Commissioner’s decision terminating her disability benefits. The Commissioner answered the complaint on February 28, 2005, and the parties filed a joint stipulation on April 4, 2005.

BACKGROUND

On April 16, 1991, plaintiff applied for disability benefits under Title II of the Social Security Act, 42 U.S.C. § 423 , claiming an inability to work since July 31, 1989. Certified Administrative Record (“A.R.”) 46^48. The plaintiff was found to be disabled, meeting the requirements of Listing 12.04 (affective disorders), and was awarded Title II benefits effective February 1, 1991. A.R. 16, 35. On October 24, 1997, the Social Security Administration (“SSA”) terminated plaintiffs disability benefits, stating “[t]he medical evidence shows additional evidence was needed to evaluate the severity of your condition. We set up an examination, but the appointment was not kept. Our efforts to obtain your cooperation were unsuccessful. Therefore, benefits are denied.” A.R. 209-12.

The plaintiff apparently appealed this decision, A.R. 14, and a telephonic hearing was held on October 13, 2000,…

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