Summary
The Ninth Circuit reviewed a Social Security disability claimant's appeal regarding two successive applications for benefits. The court held that it had jurisdiction to review the Administrative Law Judge's decision to reopen and reverse a prior grant of benefits on the second application, finding no evidence of fraud or similar fault to justify reopening after more than two years. While reversing and remanding the second application for benefits to be awarded, the court affirmed the district court's decision on the first application, finding substantial evidence supported the denial of disability for the relevant period.
Topics
Practice areas
Questions Presented
- Whether the district court lacked jurisdiction to review the ALJ’s decision reopening and denying benefits on the second application.
- Whether the ALJ properly reopened the second application more than two years after the award without showing fraud or similar fault.
- Whether the ALJ’s factual determination on the first application was supported by substantial evidence.
Holdings
- The district court had jurisdiction to review the ALJ’s decision because the agency’s post‑reopening decision is a new final decision subject to review under 28 U.S.C. §405(g).
- The ALJ erred in reopening and denying the second‑application award because the only permissible ground after two years is fraud or similar fault, which was not shown.
- The ALJ’s finding that Nevin was not disabled between June 24, 2017 and September 19, 2018 was supported by substantial evidence, and the district court’s affirmation stands.
Key quotations
“The district court therefore had jurisdiction to review the decision of the ALJ reopening and reversing the grant of benefits on Nevin’s second application.” (at 5)
“Any individual, after any final decision of the Commissioner of Social Security made after a hearing to which he was a party, irrespective of the amount in controversy, may obtain a review of such decision by a civil action commenced within sixty days after the mailing to him of notice of such decision.” (at 6)
Factual background
Beth Nevin filed two successive disability benefit applications under Title XVI of the Social Security Act. DDS awarded benefits on the second application on April 17, 2019, finding disability from September 19, 2018. The ALJ later reopened the second application on June 23, 2021 and denied the benefits. On the first application the ALJ concluded disability began July 14, 2020.
Procedural history
The district court partially ruled for Nevin on her first Social Security disability application and held it lacked jurisdiction to review the ALJ’s decision reopening and denying benefits on her second application. The Ninth Circuit reviewed both issues.
Remand instructions
District court to direct the Social Security Administration to award benefits on the second application in accordance with the DDS decision.