Lionel Embler v. Michael Astrue

MEMORANDUM

Lionel L. Embler appeals from the district court’s judgment that affirmed the final decision by the Commissioner of Social Security denying his application for Supplemental Security Income (SSI). We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo the district court’s judgment upholding the denial of benefits, Valentine v. Comm’r Soc. Sec. Admin., 574 F.3d 685, 690 (9th Cir.2009), and we affirm the district court.

The ALJ properly concluded that Mr. Embler’s own income exceeded the SSI eligibility threshold based on the commingling of resources between Mr. Embler and his ex-wife, Ms. Audrey Embler. Mr. Em-bler’s March 2006 application for SSI indicated that Mr. and Ms. Embler co-owned at least one joint bank account at the time of Mr. Embler’s application. According to 20 C.F.R § 416.1208(c)(1), joint ownership of an account by a claimant and non-claimant creates a presumption that all funds in the joint account belong to the claimant. Mr. Embler, the claimant, failed to rebut that presumption as provided for under 20 C.F.R. § 416.1208(c)(4). Therefore, all funds in the joint account were considered to be Mr. Embler’s. Similarly, the counted value of…