Trulson

Trulson v. Commissioner, Social Security Administration

Good Law
319 F. App'x 635
United States Court of Appeals for the Ninth CircuitMarch 17, 2009No. 07-35698California443 words

Opinion

Lead Opinion

*636 MEMORANDUM *

Vincent Trulson appeals the district court’s dismissal of his case for lack of subject matter jurisdiction, disputing whether the administrative law judge (ALJ) properly found his second application for disability benefits barred by the res judicata effect of a final decision on his first application. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm on de novo review. See Evans v. Chater, 110 F.3d 1480, 1481 (9th Cir.1997).

The district court had jurisdiction to determine whether Trulson’s new claim was properly precluded as the same claim previously determined. See Krumpelman v. Heckler, 767 F.2d 586, 588 (9th Cir.1985). We agree with the district court that the Commissioner properly “applied] res judicata to bar reconsideration of a period with respect to which [he] has already made a determination” because Trulson’s second application alleged a period of disability entirely contained within his first application’s time period. Lester v. Chater, 81 F.3d 821, 827 (9th Cir.1996). Although a new issue in a second benefits application will render res judicata inapplicable, see Vasquez v. Astrue, 547 F.3d 1101 , 1111 n. 9 (9th Cir.2008), Trulson…

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