Tyler

Tyler v. Astrue

Good Law
305 F. App'x 331
United States Court of Appeals for the Ninth CircuitDecember 5, 2008No. 07-16176California603 words

Opinion

Lead Opinion

MEMORANDUM **

Robin Tyler applied for Social Security Disability Insurance on the basis of physical impairments to her neck, shoulders, arms, and hands, as well as depression. The administrative law judge (“ALJ”) denied benefits. We review the district court’s grant of summary judgment de novo and uphold the Commissioner’s decision if it is supported by substantial evidence and applies the correct legal standard. Howard ex rel. Wolff v. Barnhart, 341 F.3d 1006, 1011 (9th Cir.2003). We affirm the district court’s grant of summary judgment for Astrue. Because the parties are familiar with the factual and procedural history of this case, we need not recount it here.

I

The district court properly declined to evaluate whether the ALJ’s second decision satisfied the demands of the Appeals Council’s remand. The law of the case doctrine does not apply because the Appeals Council remanded to the ALJ to make further findings; it did not decide any issues of fact or law itself. Additionally, federal courts only have jurisdiction to review the final decisions of administrative agencies. See 42 U.S.C. § 405 (g). When the Appeals Council denied review of the ALJ’s second decision, it made…

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