Khampunbuan

Khampunbuan v. Astrue

Good Law
333 F. App'x 217
United States Court of Appeals for the Ninth CircuitSeptember 18, 2009No. 08-55423California374 words

Opinion

Lead Opinion

*218 MEMORANDUM **

Khong Khampunbuan appeals the district court’s summary judgment affirming the administrative law judge’s (ALJ) determination that Khampunbuan was not entitled to continued Supplemental Security Income (SSI) disability benefits. Khampunbuan argues that the ALJ’s decision cannot be sustained because the ALJ used the wrong legal standard in determining whether her benefits should continue. We have jurisdiction under 28 U.S.C. § 1291 and we reverse.

We review de novo the district court’s order affirming the denial of benefits in a social security case. Edlund v. Massanari, 253 F.3d 1152, 1156 (9th Cir.2001). Regulations governing the handling of social security benefit determinations identify two separate standards: one to be employed in making an initial disability determination ( 20 C.F.R. § 416.920 ) and the second for assessing whether a previously determined disability continues ( 20 C.F.R. § 416.994 (b)(5)(i — vii)). The regulation outlining the seven-step process to be undertaken in evaluating continuing disability specifically mandates compliance “[t]o assure that disability reviews are carried out in a uniform manner.” 20 C.F.R. § 416.994 (b)(5). The…

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