Wilburn v. Astrue, No. 09-3564

By FindLaw Staff on December 02, 2010 | Last updated on March 21, 2019

Denial of Supplemental Security Income Benefits Affirmed

In Wilburn v. Astrue, No. 09-3564, an action challenging the Social Security Administration's (SSA) denial of Supplemental Security Income benefits to plaintiff, the court affirmed summary judgment for defendant where 1) the SSA did not violate its own regulations by failing to provide advance notice of the substitution of one ALJ for another; and 2) the SSA's notice adequately apprised plaintiff of the pending hearing and afforded her the opportunity to present her objections.


As the court wrote:  "Wilburn alleges she is disabled due to an assortment of maladies originating from injuries to her left wrist and right hand, arm and shoulder. Wilburn first applied to the SSA for SSI benefits on July 2, 2002. The SSA denied Wilburn's application. In 2003, Wilburn reapplied pursuant to 20 C.F.R. § 416.1488(a) and the SSA again denied her application. Wilburn then requested a hearing before an Administrative Law Judge (ALJ) pursuant to 20 C.F.R. §§ 416.1429-1430, which the SSA granted."

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