United States District Court, D. Oregon
CALVIN D. HASKIN, Plaintiff,
NANCY A. BERRYHILL, Acting Commissioner, Social Security Administration, Defendant.
J. WALL Law Offices of George J. Wall Attorney for Plaintiff.
J. WILLIAMS United States Attorney JANICE E. HEBERT Assistant
United States Attorney MICHAEL W. PILE Acting Regional Chief
Counsel JORDAN D. GODDARD Special Assistant United States
Attorney Social Security Administration Attorneys for
OPINION AND ORDER
J. BROWN UNITED STATES SENIOR DISTRICT JUDGE.
Calvin Dwayne Haskin seeks judicial review of the final
decision of the Commissioner of the Social Security
Administration (SSA) in which he denied Plaintiff's
applications 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).
reasons that follow, the Court AFFIRMS the
decision of the Commissioner and DISMISSES
protectively filed his application for SSI benefits on
January 7, 2013. Tr. 19. Plaintiff alleges a disability onset
date of January 2, 1982. Tr. 19. Plaintiff's applications
were denied initially and on reconsideration. An
Administrative Law Judge (ALJ) held a hearing on January 27,
2015. Tr. 19, 37-58. Plaintiff and a vocational expert (VE)
testified. Plaintiff was represented by an attorney at the
2, 2015, the ALJ issued an opinion in which he found
Plaintiff is not disabled and, therefore, is not entitled to
benefits. Tr. 19-32. On July 13, 2015, Plaintiff requested
review by the Appeals Council. Tr. 14. On November 15, 2016,
the Appeals Council denied Plaintiff's request to review
the ALJ's decision, and the ALJ's decision became the
final decision of the Commissioner. Tr. 1-4. See Sims v.
Apfel, 530 U.S. 103, 106-07 (2000).
January 4, 2017, Plaintiff filed a Complaint in this Court
seeking review of the Commissioner's decision.
was born on May 26, 1957. Tr. 31. Plaintiff was fifty-seven
years old at the time of the hearing. Plaintiff obtained a
GED. Tr. 218, 283. The ALJ found Plaintiff does not have any
past relevant work experience. Tr. 31.
alleges disability due to schizoaffective
disorder/depression. Tr. 69.
as 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 summary of
the medical evidence. See Tr. 21-30.
initial burden of proof rests on the claimant to establish
disability. Molina v. Astrue, 674 F.3d 1104, 1110
(9th Cir. 2012). To meet this burden, a claimant must
demonstrate his inability “to engage in any substantial
gainful activity by reason of any medically determinable
physical or mental impairment which . . . has lasted or can
be expected to last for a continuous period of not less than
12 months.” 42 U.S.C. § 423(d)(1)(A). The ALJ must
develop the record when there is ambiguous evidence or when
the record is inadequate to allow for proper evaluation of
the evidence. McLeod v. Astrue, 640 F.3d 881, 885
(9th Cir. 2011)(quoting Mayes v. Massanari, 276 F.3d
453, 459-60 (9th Cir. 2001)).
district court must affirm the Commissioner's decision if
it is based on proper legal standards and the findings are
supported by substantial evidence in the record as a whole.
42 U.S.C. § 405(g). See also Brewes v. Comm'r of
Soc. Sec. Admin., 682 F.3d 1157, 1161 (9th Cir. 2012).
Substantial evidence is “relevant evidence that a
reasonable mind might accept as adequate to support a
conclusion.” Molina, 674 F.3d. at
1110-11 (quoting Valentine v. Comm'r Soc. Sec.
Admin., 574 F.3d 685, ...