Cabe
Cabe v. Barnhart
Opinion
Lead Opinion
MEMORANDUM **
Leonor Cabe appeals the district court’s affirmance of an administrative law judge’s (“ALJ”) denial of her application for Supplemental Security Income (“SSI”). We affirm. Because the parties are familiar with the factual and procedural history of the case, we will not recount it here.
I
When a claimant’s application for SSI benefits is denied and the claimant does not appeal, the decision denying benefits becomes binding on all parties and creates a presumption of continuing nondisability. Taylor v. Heckler, 765 F.2d 872, 875 (9th Cir.1985). In a subsequent application for SSI based on the same disability, the claimant “must prove ‘changed circumstances’ indicating a greater disability.” Chavez v. Bowen, 844 F.2d 691, 693 (9th Cir.1988).
In this case, the ALJ’s conclusion that Cabe did not rebut the presumption of continuing nondisability was supported by substantial evidence. The evidence did not suggest that Cabe’s left arm or back had deteriorated since her first application for SSI benefits. On the contrary, the evidence showed that Cabe’s ability to sit, stand, and walk had improved and that her pain was under control with only ibuprofen.