Bravo

Bravo v. Barnhart

Good Law
112 F. App'x 565
United States Court of Appeals for the Ninth CircuitOctober 7, 2004No. 03-57222; D.C. No. CV-02-06486-HLHCalifornia318 words

Opinion

Lead Opinion

MEMORANDUM **

Gustavo Bravo (“Bravo”) appeals from the district court’s grant of summary judgment in favor of the Social Security Ad *566 ministration denying him disability benefits. We have jurisdiction under 28 U.S.C. § 1291 . Reviewing the district court’s decision de novo, see Gillett-Netting v. Barnhart, 371 F.3d 593, 595 (9th Cir.2004), we affirm.

Bravo waived his right of representation at the hearing before the Administrative Law Judge (“ALJ”) and appeared without counsel. Bravo argues that because he was not advised in Spanish of his right to counsel, and because the transcript does not show clearly enough that he understood his right to representation (although there was an interpreter), his case must be remanded for a new administrative hearing with counsel. But “if [the claimant] did not completely understand his right to representation by counsel, he would not be entitled to relief absent a showing of prejudice or unfairness in the proceedings.” Hall v. Sec’y of HEW, 602 F.2d 1372, 1378 (9th Cir.1979). Even when there is “serious question whether the right to counsel was knowingly waived at the hearing ... the issue is not whether the right to representation was…

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.