839 F.2d 432 (9th Cir. 1987), 87-5767, Brawner v. Secretary of Health and Human Services

Docket Nº:87-5767.
Citation:839 F.2d 432
Party Name:Ernest A. BRAWNER, Plaintiff-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellee.
Case Date:November 03, 1987
Court:United States Courts of Appeals, Court of Appeals for the Ninth Circuit

Page 432

839 F.2d 432 (9th Cir. 1987)

Ernest A. BRAWNER, Plaintiff-Appellant,



No. 87-5767.

United States Court of Appeals, Ninth Circuit

November 3, 1987


Memorandum Nov. 5, 1987.

Order and Opinion Jan. 29, 1988.

Page 433

Edmund Parent, Santa Barbara, Cal., for plaintiff-appellant.

David R. Mazzi, Asst. Regional Counsel, Dept. of Health and Human Services, San Francisco, Cal., for defendant-appellee.

Appeal from the United States District Court for the Central District of California.

Before TANG, WIGGINS and KOZINSKI, Circuit Judges.


Ernest Brawner appeals from the district court's decision upholding the determination of the Secretary of Health and Human Services that Brawner was not entitled to disability insurance benefits. "The Secretary's decision denying benefits will be disturbed only if it is not supported by substantial evidence or it is based on legal error." Green v. Heckler, 803 F.2d 528, 529 (9th Cir.1986) (citation omitted); see Social Security Act Sec. 205(g), 42 U.S.C. Sec. 405(g) (1982). We review the district court's decision de novo. Gamer v. Secretary of Health & Human Servs., 815 F.2d 1275, 1278 (9th Cir.1987).

Brawner previously applied for disability benefits under Title II of the Social Security Act in 1980. On April 23, 1982, the first administrative law judge (ALJ) ruled that he was not disabled. Brawner did not appeal, and that decision precludes him from arguing that he was disabled as of that date. Green, 803 F.2d at 530. Moreover, the decision creates a presumption that he was able to work beyond that date. Id.; Miller v. Heckler, 770 F.2d 845, 848 (9th Cir.1985). Brawner has the burden of proving " 'changed circumstances,' i.e., showing that his impairments have become more severe since the date of the earlier decision." Green, 803 F.2d 530 (quoting Taylor v. Heckler, 765 F.2d 872, 875 (9th Cir.1985)). The ALJ and district court concluded that he had not met that burden.

Brawner contends that the ALJ failed to state sufficient reasons for rejecting the credibility of both his wife and himself. The district court, which adopted the Report and Recommendation of the magistrate, found that the absence of clinical or other objective justification for Brawner's claims, as well as Brawner's misrepresentations and...

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