Woods

Woods v. Barnhart

Good Law
41 F. App'x 960
United States Court of Appeals for the Ninth CircuitJuly 24, 2002No. 01-56262; D.C. No. CV-99-13310-DDPCalifornia519 words

Opinion

Lead Opinion

MEMORANDUM **

Barbara Woods appeals the district court’s summary judgment dismissal of her appeal from the Social Security Administration denying her application for Title II disability benefits. We have jurisdiction pursuant to 28 U.S.C. § 1291 and review de novo the district court’s decision affirming the decision of the administrative law judge (ALJ). Bustamante v. Massanari, 262 F.3d 949, 953 (9th Cir.2001). We affirm because the decision is supported by substantial evidence.

Because the parties are familiar with the facts, we will not recite them in this decision. Woods first argues that the ALJ should have deemed her application to have been filed in 1986. Pursuant to 20 C.F.R. § 404.633 , the Commissioner “may establish” a deemed filing date of an application if she determines that a claimant failed to apply because a Social Security employee gave the claimant “misinformation” about eligibility for benefits in response to a specific request for information about eligibility. Substantial evidence supports the ALJ’s decision not to deem Woods’ application to have been filed in 1986. Woods’ testimony, which conflicted with an earlier letter by Woods to Social Security, was…

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