Free Complaint - District Court of California - California

Case 3:08-cv-03833-MHP

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Filed 08/11/2008

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BESS M. BREWER, #100364 LAW OFF ICE OF BESS M. BREWER & ASSOCIATES P.O. Box 5088 Sacramento, CA 95817 Telephone: (916) 454-3111 Facsimile: (916) 454-3131 [email protected]

IN THE UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 10 JOSE DE LA LUZ GARCIA 11 Plaintiff, 12 13 v. 14 MICHAEL J. ASTRUE Commissioner of Social Security 15 of the United States of America, 16 17 Preliminary Statement 18 1. 19 U.S.C. §§ 1383 ( c)(3) and 405(g), for judicial review of a final decision of defendant Michael J. Astrue, 20 Commissioner of Social Security, denying for lack of disability Mr. Comb's claim for Social Security and 21 Supplemental Security Income Disability benefits under Titles II and XVI of the Social Security Act, 42 22 U.S.C. §§ 401 et seq. and §§ 1381 et. seq. 23 Jurisdiction and Venue 24 2. 25 3. 26 California, and thus venue in this district is proper. 27 Parties 28 4. Plaintiff is an applicant for Social Security disability benefits. He is low income with few 1 Complaint for Review of Social Security Decision Plaintiff lives in Contra Costa County which is located in the Northern District of Jurisdiction is conferred on this court by 42 U.S.C. §§ 1383 ( c)(3) and 405(g). Plaintiff Jose De La Luz Garcia, brings this action under the Social Security Act, 42 Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. COMPLAINT FOR JUDICIAL REVIEW OF DECISION OF COMMISSIONER OF SOCIAL SECURITY

Case 3:08-cv-03833-MHP

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Filed 08/11/2008

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resources. 5. Defendant Michael J. Astrue is the duly appointed Commissioner of Social Security for

the United States of America and is sued in her official capacity. Factual Allegations 6. Plaintiff applied for Social Security Disability Insurance benefits which defendant's denied

on the basis that Plaintiff lacked the requisite disability. Plaintiff formally requested a hearing on the denials but the ALJ issued a decision denying plaintiff Social Security Disability benefits. Plaintiff requested review by the Appeals Council and on June 6, 2008, the Appeals Council denied review. Claim for Relief 7. There is substantial evidence in the record to support a finding that plaintiff was disabled

at all relevant times and that Defendant's conclusions and findings are not supported by substantial evidence. Prayer for Relief WHEREFOR, plaintiff, prays that this Court: 1. Reverse defendant's decision insofar as it denies, on the grounds of lack of disability or

failure of proof thereof, Social Security Disability benefits to plaintiff; 2. Find and order that plaintiff was and is disabled within the meaning of the Social Security Or, in the alternative remand Mr. Combs's case to the Social Security

Act and regulations.

Administration for further hearing 3. Award plaintiff his attorneys' fees and costs of suit pursuant to 5 U.S.C. § 504, 28 U.S.C.

§ 2412 and Rule 54(d) of the Federal Rules of Civil Procedure, and grant such other and further relief as the court deems just and proper. Dated: August 8, 2008 Respectfully submitted, LAW OFFICE OF BESS M. BREWER & ASSOCIATES By: BESS M. BREWER Attorneys for Plaintiff

Complaint for Review of Social Security Decision

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