Cushman v. Soc. Sec. Admin.

Meanwhile, Mr. Cushman filed a civil action in the United States District Court for the District of Oregon regarding the denial of his social security disability claim.   The district court remanded Mr. Cushman’s case for further evaluation by the Social Security Office.   Mr. Cushman appealed to the United States Court of Appeals for the Ninth Circuit.   In April of 2006, the Ninth Circuit reversed the district court and remanded his disability claim for immediate payment of benefits.   The Ninth Circuit also found that Mr. Cushman’s medical record had been “fraudulently altered” and remanded the claim to determine whether he was entitled to retroactive disability benefits from an earlier date.  Cushman v. Soc. Sec. Admin., 175 Fed.Appx. 861, 862 (9th Cir.2006).   In August of 2007, the Social Security Administration Appeals Council (“Council”) reconsidered Mr. Cushman’s claim and found that he had been continuously disabled since February of 1976.   The Council extended his benefits accordingly.

Cushman v. SSA decision (PDF)

United States Court of Appeals for the Ninth Circuit

Court of Appeals Docket #: 04-35888 Docketed: 10/14/2004 Termed: 04/10/2006 Nature of Suit: 2863 D.I.W.C./D.I.W.W. Cushman v. SSA Appeal From: U.S. District Court for Oregon, Eugene Fee Status: Paid

Case Type Information:      1) civil      2) united states      3) null

Originating Court Information:      District: 0979-6 : CV-99-01293-ALA      District Judge: Ann L. Aiken, District Judge      Date Filed: 09/13/1999      Date Order/Judgment:      Date NOA Filed:      07/30/2004      09/24/2004

Prior Cases:      None Current Cases:      None

You will find the appellate case here: https://ecf.ca9.uscourts.gov/ 

Click the link that says “Login to PACER” to login to the site.

Enter case number 04-35888 and click Search.

Once you have located the case click the case number, then “Full Docket” from the next screen and “Run Docket Report” to view the entire case docket. You may view any documents the court makes available online by clicking the icons that appear to be pieces of paper next to each docket entry. To obtain copies of any documents not available online please contact the court. You will find contact information at the court’s home page.

The originating district case is linked on the appellate docket.

Unfortunately, it doesn’t appear that any of the documents are online. For those, you would have to contact the courts to order copies from their archives.

Vets for Due Process