Shalala

Johnson v. Shalala

Bad Law
60 F.3d 1428·95 Daily Journal DAR 10031·1995 WL 442205·1995 U.S. App. LEXIS 19925·95 Cal. Daily Op. Serv. 5869
United States Court of Appeals for the Ninth CircuitJuly 27, 1995No. 93-56607California4,061 words

Opinion

Lead Opinion

Fletcher, J.

Sabrina Johnson (“claimant”) appeals the denial of her claim for social security disability benefits. The final decision of the Secretary of Health and Human Services was affirmed by the district court. We affirm.

FACTS AND PROCEDURAL HISTORY

On March 3, 1981, claimant injured her back while lifting her child. To be eligible for disability benefits, claimant had to establish permanent disability before the expiration of her disability insurance coverage on December 31, 1986.

Pre-expiration Medical Evidence

During the first two and one-half years following claimant’s injury, she sought medical attention from Dr. Robert Hunt for her lower back three times: one office visit on March 5, 1981 and two CT scans performed in 1981 and 1983. The record does not suggest she was treated by anyone else during this period.

Dr. Hunt did not examine claimant again until October 23, 1986. He reported pain in the claimant’s lower spine, decreased range of motion, and the need for claimant to hold onto the wall for support while walking. He diagnosed claimant as having marked narrowing of L5-S1 interspace, and spurring of L3-4-5. He also noted the absence of muscle spasms and reported normal…

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