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Luna v. Astrue, No. 08-16852

By FindLaw Staff on October 12, 2010 3:42 PM

Denial of Disability Insurance Benefits Affirmed

In Luna v. Astrue, No. 08-16852, plaintiff's appeal from a denial of disability insurance benefits, the court affirmed the district court's affirmance of the denial, holding that the district court did not err when it remanded the case to the Commissioner of Social Security for further factual proceedings rather than for payment of benefits.

As the court wrote:  "Carmen C. Luna applied for disability insurance benefits and supplemental security income in October 2003, and her application was denied after an administrative law judge ("ALJ") found that she was not disabled. That decision is the subject of this appeal. Luna subsequently filed a second application for disability benefits, which was successful. The Commissioner identified Luna's disability onset date as the day after her first application was denied."

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