Richard Forsman v. Shirley S. Chater, Commissioner, Social Security Administration

91 F.3d 151 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Richard FORSMAN, Plaintiff-Appellant, v. Shirley S. CHATER, Commissioner, Social Security Administration, * Defendant-Appellee. No. 94-36029. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 8, 1996. Decided July 12, 1996. Before: REINHARDT, KOZINSKI and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 ALJ Madden properly relied on ALJ LaBar's finding that Forsman was not disabled. When an ALJ finds that a claimant is not disabled, there is a presumption in subsequent proceedings that the claimant is still not disabled, unless he can prove a change in conditions. Lyle v. Secretary of Health and Human Servs., 700 F.2d 566, 568-569 (9th Cir.1983). Forsman failed to present evidence to rebut the presumption created by ALJ LaBar's finding. 3 Forsman claims that a change in the law removed the presumption. He relies on the following statement: "[I]t is ... the general rule that res judicata is no…