Legal Opinion

Raymond D. Rolen v. Jo Anne B. Barnhart, Commissioner of the Social Security Administration

Court of Appeals for the Ninth Circuit

Decided December 11, 2001No. 00-56877PublishedCited by 7 opinions

1Opinion of the Court

KOZINSKI, Circuit Judge:

Rolen applied for Social Security disability benefits in 1991, claiming that he had been disabled since 1989. The Administrative Law Judge dismissed his application on procedural grounds. A notice accompanying the dismissal order advised Rolen that “[i]f you disagree with the enclosed order of dismissal, you have the right to appeal.” The notice did not advise Rolen that he could file a new application.

Four years later, Rolen filed a second application for benefits based on the same disability. The Appeals Council upheld the ALJ’s finding that Rolen had been disabled…

2Cases cited3 opinions

  1. Miguel GONZALEZ, Plaintiff/Appellant, v. Louis W. SULLIVAN, Secretary, Department of Health and Human Services, Defendant/AppelleeCourt of Appeals for the Ninth Circuit · 1990
  2. Ronald L. BOETTCHER, Plaintiff-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-AppelleeCourt of Appeals for the Ninth Circuit · 1985
  3. Evans v. ChaterCourt of Appeals for the Ninth Circuit · 1997

3Cited by7 opinions

  1. Blake v. SSADistrict Court, D. New Hampshire · 2003
  2. Pineda v. BarnhartCourt of Appeals for the Ninth Circuit · 2003
  3. Behn v. BarnhartDistrict Court, C.D. California · 2006
  4. Free v. BarnhartCourt of Appeals for the Ninth Circuit · 2003
  5. Jou v. Office of Workers' Compensation ProgramCourt of Appeals for the Ninth Circuit · 2002

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