George Allen v. Kilolo Kijakazi

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

GEORGE N. ALLEN, No. 19-15987 Plaintiff-Appellant, D.C. No. v. 1:17-cv-00239-

DAD-JDP

KILOLO KIJAKAZI, Acting Commissioner of Social Security, Defendant-Appellee. OPINION

Appeal from the United States District Court for the Eastern District of California Dale A. Drozd, District Judge, Presiding

Argued and Submitted February 7, 2022 San Francisco, California

Filed May 24, 2022

Before: Kim McLane Wardlaw, Sandra S. Ikuta, and Bridget S. Bade, Circuit Judges.

Opinion by Judge Ikuta SUMMARY*

Social Security

The panel affirmed the district court’s decision upholding the Commissioner of Social Security’s determination that claimant George Allen was ineligible for disability benefits under the Social Security Act due to his confinement by court order in Coalinga State Hospital pending his trial under California’s Sexually Violent Predator Act (“SVPA”).

The SVPA authorizes the involuntary civil commitment of an individual who is found to be a “sexually violent predator.” Cal. Welf. & Inst. Code §§ 6600–09. The Social Security Act…