Robert S. WILSON, Jr., Plaintiff-Appellant, v. Margaret M. HECKLER, Secretary of Health and Human Services, Defendant-Appellee

Good Law
761 F.2d 1383·9 Soc. Serv. Rev. 383·1985 U.S. App. LEXIS 31170
United States Court of Appeals for the Ninth CircuitMay 24, 198584-2248California1,623 words

Opinion

Opinion

Reinhardt, J.

Robert Wilson appeals the district court’s grant of summary judgment in favor of the Secretary. We affirm.

I. FACTUAL BACKGROUND

In December, 1971, appellant began receiving disability benefits from the state of Arizona. On January 1, 1974, appellant was “grandfathered” into the newly created Supplemental Security Income (“SSI”) program, pursuant to Title XVI of the Social Security Act, 42 U.S.C. §§ 1381 -1383c. In 1981, appellant’s SSI benefits were terminated because his wife’s income exceeded the permissible limit.

On July 1, 1981, appellant filed an application for disability benefits under Title II of the Social Security Act, 42 U.S.C. §§ 401-433 (1983). Appellant’s application was denied both initially and upon reconsideration. Appellant then requested a hearing on his application, which was conducted on September 1, 1982. Subsequent to the hearing, an administrative law judge concluded that appellant had failed to prove that he was “disabled” within the meaning of Title II as of December 31, 1975, the date on which his insured status expired. Upon affirmation of the ALJ’s determination by the Appeals Council, appellant brought this action against the Secretary in…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.