Brawner v. Secretary of Health and Human Services, 87-5767
| Citation | 839 F.2d 432 |
| Decision Date | 03 November 1987 |
| Docket Number | No. 87-5767,87-5767 |
| Parties | , Unempl.Ins.Rep. CCH 17,906 Ernest A. BRAWNER, Plaintiff-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellee. |
| Court | United States Courts of Appeals. United States Court of Appeals (9th Circuit) |
Page 432
v.
SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellee.
Ninth Circuit.
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.
PER CURIAM:
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 falsification of records in the course of pursuing disability benefits, amply...
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Standards of Review and Federal Court Remedies
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