Ernest A. BRAWNER, Plaintiff-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellee

Ernest Brawner appeals from the district court’s decision upholding the determination of the Secretary of Health and Human Services that Brawner was not entitled to disability insurance benefits. “The Secretary’s decision denying benefits will be disturbed only if it is not supported by substantial evidence or it is based on legal error.” Green v. Heckler, 803 F.2d 528, 529 (9th Cir.1986) (citation omitted); see Social Security Act § 205(g), 42 U.S.C. § 405 (g) (1982). We review the district court’s decision de novo. Gamer v. Secretary of Health & Human Servs., 815 F.2d 1275, 1278 (9th Cir.1987).

Brawner previously applied for disability benefits under Title II of the Social Security Act in 1980. On April 23,1982, the first administrative law judge (AU) ruled that he was not disabled. Brawner did not appeal, and that decision precludes him from arguing that he was disabled as of that date. Green, 803 F.2d at 530 . Moreover, the decision creates a presumption that he was able to work beyond that date. Id,:, Miller v. Heckler, 770 F.2d 845, 848 (9th Cir.1985). Brawner has the burden of proving “ ‘changed circumstances,’ i.e., showing that his impairments have become more severe…