Scott King v. Michael Astrue

MEMORANDUM

Plaintiff-Appellant Scott King’s Supplemental Security Income (“SSI”) was reduced by a final decision of Defendant Appellee Michael Astrue, Commissioner of Social Security, after an Administrative Law Judge (“ALJ”) determined Plaintiffs receipt of charitable trust payments constitutes income for purposes of SSI eligibility, and not a bona fide loan under SSR 92-8p. The district court affirmed that decision, from which Plaintiff appeals. We have jurisdiction under 28 U.S.C. § 1291 , review the ALJ’s decision for substantial evidence, Flaten v. Sec’y of Health & Human Servs., 44 F.3d 1453, 1457 (9th Cir.1995), and now affirm.

Determinating that a loan did not exist, the ALJ relied, in part, on Plaintiffs failure to produce the written loan agreement. Plaintiff contends, however, that he submitted the loan’s promissory notes to the Social Security Appeals Council as attachments to his letter requesting review of the ALJ’s decision. Plaintiff argues we may consider the promissory notes, even though they were not submitted to the ALJ, because under Ramirez v. Shalala, 8 F.3d 1449 (9th Cir.1993), they were “addressed” by the Appeals Council when it denied Plaintiffs request…