Byrnes

Byrnes v. Shalala

Bad Law
60 F.3d 639·95 Daily Journal DAR 9711·1995 WL 429074·1995 U.S. App. LEXIS 18430·95 Cal. Daily Op. Serv. 5682
United States Court of Appeals for the Ninth CircuitJuly 21, 1995No. 93-17082California1,169 words

Opinion

Lead Opinion

Thompson, J.

Jimmy Byrnes appeals the district court’s summary judgment in favor of the Secretary of Health and Human Services in his action challenging the denial of his application for supplemental security income (SSI) benefits under Title XVI of the Social Security Act, 42 U.S.C. § 1381 . The administrative law judge (ALJ) found Byrnes’s subjective complaints of diabetic episodes incredible. Byrnes argues the ALJ failed to make the findings necessary to support his rejection of these complaints. Byrnes also contends the ALJ should reopen his prior application to determine whether his period of disability should run from the date of his initial application rather than from the date of this second application.

We remand for further findings consistent with our decision in Bunnell v. Sullivan, 947 F.2d 341, 345 (9th Cir.1991) (en banc), and decline to consider the reopening issue in this appeal.

FACTS

Byrnes first filed an application for SSI benefits on June 20, 1988, alleging he was disabled by diabetes mellitus. His application was denied, and he never appealed. He then filed a second application on April 15, 1990, again alleging disability based on diabetes mellitus. His application…

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