Melvin T. Lyle v. Secretary of Health and Human Services

Good Law
700 F.2d 566·1 Soc. Serv. Rev. 195·1983 U.S. App. LEXIS 30018
United States Court of Appeals for the Ninth CircuitMarch 2, 198382-4072California1,228 words

Opinion

Opinion

Merrill, J.

Appellant Melvin Lyle brought this action pursuant to the provisions of the Social Security Act, 42 U.S.C. §§ 405 (g) and 1383(c)(3), to review a final decision of the Secretary of Health and Human Services denying Appellant’s application for Social Security disability benefits and Supplemental Security Income benefits. The District Court granted summary judgment in favor of the Secretary, and Lyle appeals.

Appellant was a roofer who sustained injuries from a fall on November 4, 1977. He sought disability benefits under Title II of the Social Security Act. On January 4, 1979, an Administrative Law Judge, after hearing, found that Appellant was not capable of doing his usual heavy work as a roofer but found that he was capable of doing light work, and thus found that Appellant was not disabled. He denied Appellant’s application. This decision became final on March 31, 1979, when it was approved by the Appeals Council. Appellant did not seek judicial review of this decision.

On July 9, 1979, three-and-a-half months later, Appellant filed a second application for disability insurance and also applied for Supplemental Security Income benefits based on disability under Title XVI of…

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