Robert Galarza v. Michael Astrue

MEMORANDUM

Appellant Robert R. Galarza (“Galarza”) challenges the district court’s decision upholding the Commissioner of Social Security’s determination that Galarza was not disabled for purposes of disability and Social Security Insurance benefits eligibility.

Before the hearing, the Administrative Law Judge (“ALJ”) denied Galarza’s attorney Stephanie Simpson’s (“Simpson”) request that the ALJ recuse himself based upon perceived bias towards counsel. Bias must be shown within the context of an individual case. See Rollins v. Massanari, 261 F.3d 853, 858 (9th Cir.2001). As evidence of the ALJ’s bias, Simpson only cited to a previous unpublished memorandum disposition, Bronson v. Barnhart, 56 Fed.Appx. 793, 793-94 (9th Cir.2003) (unpublished), in which this court found that the ALJ had exhibited bias against Simpson. Since Simpson provided no evidence of bias within the context of this case, her request was appropriately denied. Rollins, 261 F.3d at 858 .

At the hearing, the ALJ found that Galarza did not present credible evidence regarding his inability to work. In addition, the ALJ found that Galarza does not have an impairment or combination of impairments that makes him…