United States District Court, D. Oregon
TERRY LEE PARRISH, legal representative for the estate of Dana Michael Parrish, Plaintiff,
NANCY A. BERRYHILL,  Acting Commissioner, Social Security Administration, Defendant.
J. MESEROW Attorney for Plaintiff
J. WILLIAMS United States Attorney RENATA GOWIE Assistant
United States Attorney
MORADO Regional Chief Counsel MICHAEL S. HOWARD Special
Assistant United States Attorney Social Security
Administration Attorneys for Defendant.
OPINION AND ORDER
J. BROWN, UNITED STATES SENIOR DISTRICT JUDGE.
Terry Lee Parrish,  seeks judicial review of the final
decision of the Commissioner of the Social Security
Administration (SSA) in which she denied Claimant Dana
Michael Parrish's application for Disability Insurance
Benefits (DIB) under Title II of the Social Security Act.
This Court has jurisdiction to review the Commissioner's
final decision pursuant to 42 U.S.C. § 405(g).
reasons that follow, the Court REVERSES the
decision of the Commissioner and REMANDS
this matter to the Commissioner for further proceedings
consistent with this Opinion and Order.
protectively filed his application for DIB on January 24,
2013. Tr. 148. Claimant alleged a disability onset date
of February 2, 2011. Tr. 148. Claimant's application was
denied initially and on reconsideration. An Administrative
Law Judge (ALJ) held a hearing on October 9, 2014, at which
Claimant failed to appear. Tr. 39-56. Claimant's counsel
attended and participated in the hearing. Despite
Claimant's failure to appear at the hearing, the ALJ
proceeded to hear testimony from a vocational expert (VE).
The ALJ subsequently sent to Claimant (but not to
Claimant's attorney) a Request to Show Cause for Failure
to Appear. Tr. 146. Claimant did not respond. Tr. 21.
April 24, 2015, the ALJ issued an opinion in which she found
Claimant is not disabled and, therefore, is not entitled to
benefits. Tr. 21-34. On October 3, 2016, the Appeals Council
denied Claimant's request to review the ALJ's
decision, and the ALJ's decision became the final
decision of the Commissioner. Tr. 1-3. See Sims v.
Apfel, 530 U.S. 103, 106-07 (2000).
November 30, 2016, Claimant filed a Complaint in this Court
seeking review of the Commissioner's decision.
was born on July 11, 1962. Tr. 148. Claimant was 52 years old
at the time of the hearing. Claimant has a 12th- grade
education. Tr. 160. The ALJ found Claimant has past relevant
work experience as a telephone solicitor, mail sorter,
shuttle-bus driver, sales clerk, security guard, and
bookkeeping clerk. Tr. 31, 46-67.
alleged disability due to post-traumatic stress disorder
(PTSD), dissociative disorder, and high blood pressure. Tr.
as noted, Claimant does not challenge the ALJ's summary
of the medical evidence. See Tr. 24-31. After
carefully reviewing the medical records, this Court ...