Wilson

Wilson v. Commissioner, Social Security Administration

Good Law
141 F. App'x 584
United States Court of Appeals for the Ninth CircuitJuly 29, 2005No. 03-17139California395 words

Opinion

Lead Opinion

MEMORANDUM *

Substantial evidence in the record supports the Commissioner’s finding that Darlene Wilson did not meet her burden of showing that she did not file for benefits in 1994 due to misinformation given by SSA employees.

Wilson has no “preferred evidence” 2 of the alleged misinformation, and has not provided compelling “other evidence” 3 that would contradict the findings of the ALJ. The ALJ considered all the evidence provided by Wilson and her daughter, but nonetheless found that the statements of Wilson and her daughter were made over four years after the alleged misinformation and lacked specificity on crucial details. 4 The ALJ was free to disregard Wilson’s statements if they were unsupported by objective evidence. 5 The claim by Wilson and her daughter — that employees of the Social Security Administration told Wilson that she would have to sign her mother’s house over to the state before she could obtain benefits — appears to be a confusion or misunderstanding of the different requirements for Social Security and Medicaid benefits. Wilson’s possible misunderstanding of what she may have been told is not necessarily the same as being provided with misinformation…

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