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Herbert v. Colvin

United States District Court, D. Oregon

October 1, 2014

GERALD HERBERT, Plaintiff,
v.
CAROLYN W. COLVIN, Commissioner, Social Security Administration, Defendant.

MERRILL SCHNEIDER, Schneider Kerr & Gibney Law Offices, Portland, OR, Attorneys for Plaintiff.

S. AMANDA MARSHALL, United States Attorney, ADRIAN L. BROWN, Assistant United States Attorney, Portland, OR, DAVID MORADO, Regional Chief Counsel, LISA GOLDOFTAS, Special Assistant United States Attorney, Social Security Administration Seattle, WA, Attorneys for Defendant.

OPINION AND ORDER

ANNA J. BROWN, District Judge.

Plaintiff Gerald Herbert seeks judicial review of a final decision of the Commissioner of the Social Security Administration (SSA) in which she denied Plaintiff's application for Supplemental Security Income (SSI) under Title XVI of the Social Security Act. This Court has jurisdiction to review the Commissioner's final decision pursuant to 42 U.S.C. § 405(g).

For the reasons that follow, the Court AFFIRMS the decision of the Commissioner and DISMISSES this matter.

ADMINISTRATIVE HISTORY

At some point before November 2009 Plaintiff filed an application for SSI alleging a disability onset date of December 1, 2001. Tr. 240.[1] The application was denied initially and on reconsideration. An Administrative Law Judge (ALJ) found Plaintiff was not disabled, Plaintiff appealed the matter to the United States District Court, and the District Court remanded the matter to the ALJ for further consideration.[2] Tr. 240. On March 25, 2010, an ALJ issued a decision on remand in which she found Plaintiff was not disabled and, therefore, was not entitled to benefits. Tr. 240-50. It does not appear Plaintiff appealed that decision to the Appeals Council.

Approximately two weeks later on April 7, 2010, Plaintiff filed another application for SSI, alleging a disability onset date of December 1, 2001. Tr. 144. The application was denied initially and on reconsideration. A different ALJ held a hearing on April 11, 2012. Tr. 28-51. Plaintiff was represented by an attorney at the hearing. Plaintiff and a vocational expert (VE) testified at the hearing.

The ALJ issued a decision on June 22, 2012, in which he found Plaintiff is not disabled and, therefore, is not entitled to benefits. Tr. 15-27. Pursuant to 20 C.F.R. § 404.984(d), that decision became the final decision of the Commissioner on March 20, 2013, when the Appeals Council denied Plaintiff's request for review.

BACKGROUND

Plaintiff was born on November 25, 1955, and was 56 years old at the time of the April 11, 2012, hearing. Tr. 52. Plaintiff has a high-school education. Tr. 34. He has past relevant work experience as a small-products assembler. Tr. 45.

Plaintiff alleges disability due to chronic obstructive pulmonary disease (COPD), emphysema, and high blood pressure. Tr. 149.

Except when noted, Plaintiff does not challenge the ALJ's summary of the medical evidence. After carefully reviewing the medical records, this Court adopts the ALJ's ...


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