Roberts

Roberts v. Shalala

Bad Law
66 F.3d 179·95 Daily Journal DAR 14208·1995 WL 542457·1995 U.S. App. LEXIS 29768
United States Court of Appeals for the Ninth CircuitSeptember 14, 1995No. 93-35806California2,200 words

Opinion

Lead Opinion

Hall, J.

ORDER

The memorandum disposition filed June 13,1995, is redesignated as an authored opinion by Judge Hall.

OPINION

Monica Roberts, who is in her mid-thirties, suffers from morbid obesity, arthritis, and various mental and emotional impairments including depression. She has one child and lives on public assistance. She applied for SSI benefits on the basis of alleged disability in 1989 and her application was denied. She requested a hearing. The administrative law judge (ALJ) remanded for consideration of Roberts’s mental disorder. Her application was again denied and she again requested a hearing. The second ALJ issued a decision in October 1991 denying Roberts’s application. The Appeals Council then denied a request for review, rendering the second ALJ’s decision the final determination of the Secretary. Roberts then sought review in the district court for the District of Oregon. That court had jurisdiction under 42 U.S.C. § 405 (g). A magistrate judge made findings and recommendations, which the district judge adopted by order dated August 2, 1993. Roberts filed a timely notice of appeal from that order, and this court has jurisdiction under 28 U.S.C. § 1291 .

I.

Monica…

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