Does a prior final determination that an individual is not disabled create a rebuttable presumption that the individual retains the ability to work after the date of the prior administrative decisions?
MultiRegion, United States of America
The following excerpt is from Mikki v. Berryhill, Case No.: 17-cv-01103-GPC-MDD (S.D. Cal. 2018):
A prior final determination that an individual is not disabled creates a rebuttable presumption that the individual retains the ability to work after the date of the prior administrative decisions. See Schneider v. Comm'r of Soc. Sec. Admin., 223 F.3d 968-973 (9th Cir. 2000). The presumption of continuing non-disability will not apply, however, "if there are 'changed circumstances'." Lester, 81 F.3d at 827 (quoting Taylor v. Heckler, 765 F.2d 872, 875 (9th Cir 1985).
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