Does a finding that a plaintiff is not disabled affect a plaintiff's ability to continue to pursue for disability benefits in the future?
MultiRegion, United States of America
The following excerpt is from Romero v. Colvin, Case No. 1:14-cv-01080-GSA (E.D. Cal. 2015):
Once a plaintiff has received a finding that he or she is not disabled, that finding creates a presumption of continuing nondisability in future proceedings. Chavez v. Bowen, 844 F.2d 691, 693 (9th Cir. 1988). This means that a plaintiff, "in order to overcome the presumption of continuing nondisability arising from the first administrative law judge's findings of nondisability, must prove 'changed circumstances' indicating a greater disability." Id.
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