Mendoza

Mendoza v. Barnhart

Good Law
436 F. Supp. 2d 1110·2006 WL 1876523·2006 U.S. Dist. LEXIS 70971
United States District Court, Central District of CaliforniaJune 26, 2006CV 04-81094/CCalifornia3,244 words

Opinion

Opinion

Chapman, J.

OPINION AND ORDER

Plaintiff Viviana Mendoza filed a complaint on September 28, 2004, seeking review of the Commissioner’s decision terminating her disability benefits. The Commissioner answered the complaint on March 24, 2005, and the parties filed a joint stipulation on May 13, 2005.

BACKGROUND

I

On May 3, 1988 (protective filing date), plaintiff applied for disability benefits under the Supplemental Security Income (“SSI”) program of Title XVI of the Social Security Act (“the Act”), claiming an inability to work since April 10, 1972, due to epilepsy. Certified Administrative Record (“A.R.”) 129-32, 159. Plaintiff was granted SSI disability benefits with an onset date of May 1, 1988, based on a major seizure disorder meeting the requirements of Listing 11.02. A.R. 14,139.

On October 11, 1996, the Social Security Administration (“SSA”) reviewed plaintiffs case, A.R. 67-68, and on November 15, 1996, found she was no longer disabled. A.R. 37-40. The plaintiff sought reconsideration of SSA’s decision, and, on April 3, 1997, an administrative hearing was held before disability hearing officer Hannah Cline, who found plaintiff continued to be disabled. A.R. 41-66.

On September…

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