738 Fed.Appx. 435 (9th Cir. 2018), 17-35521, Penoza v. Berryhill

Docket Nº:17-35521
Citation:738 Fed.Appx. 435
Party Name:Karen PENOZA, Plaintiff-Appellant, v. Nancy A. BERRYHILL, Acting Commissioner of the Social Security Administration, Defendant-Appellee.
Attorney:William Joel Rutzick, Attorney, Schroeter Goldmark & Bender, Seattle, WA, for Plaintiff-Appellant Alisa Beth Klein, Casen Ross, Attorney, DOJ - U.S. Department of Justice, Washington, DC, Helen J. Brunner, Esquire, Assistant U.S. Attorney, Kerry Keefe, Assistant U.S. Attorney, DOJ-Office of the U...
Judge Panel:Before: HAWKINS, McKEOWN, and W. FLETCHER, Circuit Judges. Hawkins, Circuit Judge, concurring in part and dissenting in part.
Case Date:September 13, 2018
Court:United States Courts of Appeals, Court of Appeals for the Ninth Circuit

Page 435

738 Fed.Appx. 435 (9th Cir. 2018)

Karen PENOZA, Plaintiff-Appellant,

v.

Nancy A. BERRYHILL, Acting Commissioner of the Social Security Administration, Defendant-Appellee.

No. 17-35521

United States Court of Appeals, Ninth Circuit

September 13, 2018

Argued and Submitted August 29, 2018 Seattle, Washington

Editorial Note:

Governing the citation to unpublished opinions please refer to federal rules of appellate procedure rule 32.1. See also U.S.Ct. of App. 9th Cir. Rule 36-3.

William Joel Rutzick, Attorney, Schroeter Goldmark & Bender, Seattle, WA, for Plaintiff-Appellant

Alisa Beth Klein, Casen Ross, Attorney, DOJ - U.S. Department of Justice, Washington, DC, Helen J. Brunner, Esquire, Assistant U.S. Attorney, Kerry Keefe, Assistant U.S. Attorney, DOJ-Office of the U.S. Attorney, Seattle, WA, Nicole Jabaily, Nancy Albert Mishalanie, SSA - Social Security Administration, Office of the General Counsel, Seattle, WA, for Defendant-Appellee

Appeal from the United States District Court for the Western District of Washington, Richard A. Jones, District Judge, Presiding, D.C. No. 2:15-cv-01825-RAJ

Before: HAWKINS, McKEOWN, and W. FLETCHER, Circuit Judges.

MEMORANDUM[*]

Karen Penoza appeals the district court’s denial of her request that the district court order the recusal of her Social Security Administrative Law Judge ("ALJ") Ilene Sloan. We have jurisdiction under 28 U.S.C. § 1291. We review the district court’s denial for abuse of discretion. Harman v. Apfel, 211 F.3d 1172, 1173 (9th Cir. 2000). We affirm.

On May 31, 2012, Penoza filed an application for Social Security Disability Insurance Benefits ("SSDI"), and on August 20, 2013 she filed an application for Supplemental Security Income Benefits ("SSI"). Both applications were denied. Penoza requested a hearing for reconsideration and on August 29, 2013, Penoza submitted materials to ALJ Sloan, including past decisions allegedly showing ALJ Sloan’s bias against Penoza and similar claimants. ALJ Sloan denied Penoza’s request for recusal and again denied SSDI and SSI benefits. Penoza appealed ALJ Sloan’s decision to the Appeals Council ("AC"). The AC denied Penoza’s request for review and rejected Penoza’s bias-based recusal argument. Penoza sought judicial review of the ALJ’s determination. The district court reversed the ALJs denial of benefits, but denied Penozas request to order the Commissioner to...

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