Ivory

Ivory v. Barnhart

Good Law
57 F. App'x 332
United States Court of Appeals for the Ninth CircuitMarch 10, 2003No. 02-55509; D.C. No. CV-00-07722-PJWCalifornia312 words

Opinion

Lead Opinion

MEMORANDUM **

Eleanor Ivory appeals the district court’s order granting the Commissioner’s cross-motion for summary judgment and denying her own. Ivory originally applied for disability and disability insurance benefits under Title II of the Social Security Act, which the Commissioner denied. Upon Ivory’s appeal, an Administrative Law Judge (ALJ), Judge Fisher, then determined that Ivory was not disabled and the Appeals Council affirmed this determination.

After Ivory filed suit in district court, the parties stipulated to remand the matter for reconsideration of four specific issues. Another ALJ, Judge Donsbach, subsequently determined that Ivory was disabled from January 2, 1992 through July 13, 1993, but at no time thereafter. The Appeals Council affirmed this determination. Ivory again filed suit in district court and the Magistrate Judge granted the Commissioner’s cross-motion for summary judgment.

Essentially, Ivory contends that Judge Donsbach’s determination is reversible because he failed to cite substantial evidence for rejecting her testimony as not credible. However, Judge Donsbach did not reject Ivory’s testimony; Judge Fisher did. Judge Donsbach addressed only the…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.