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McMillan v. Commissioner, Social Security Administration

United States District Court, D. Oregon

March 15, 2018

KEVIN JACK MCMILLAN, Plaintiff,
v.
Commissioner, Social Security Administration, Defendant.

          KEVIN JACK MCMILLAN Plaintiff, Pro Se

          BILLY J. WILLIAMS United States Attorney

          RENATA GOWIE Assistant United States Attorney

          MICHAEL W. PILE Acting Regional Chief Counsel Attorneys for Defendant

          MARTHA A. BODEN Special Assistant United States Attorney

          OPINION AND ORDER

          ANNA J. BRMJN United States Senior District Judge

         Plaintiff Kevin Jack McMillan seeks judicial review of a final decision of the Commissioner of the Social Security Administration (SSA) in which he denied Plaintiff'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).

         Following a review of the record, the Court AFFIRMS the decision of the Commissioner and DISMISSES this matter.

         BACKGROUND

         Plaintiff filed an application for DIB on February 25, 2010, alleging a disability onset date of December 15, 2001. Tr. 19-23.[1] On March 15, 2010, his application was denied on the ground that Plaintiff did not have enough quarters of coverage to qualify for benefits. Tr. 24-26. On March 9, 2011, Plaintiff's application was denied on reconsideration on the ground that Plaintiff did not have enough quarters of coverage to qualify for benefits and Plaintiff had not "submitted an W-2's [sic] to support additional earnings." Tr. 27-28.

         Plaintiff filed a second application for DIB on May 12, 2011, alleging a disability onset date of June 6, 2011. Tr. 35-38. On May 17, 2011, his application was denied on the ground that Plaintiff did not have enough quarters of coverage to qualify for benefits. Tr. 39-41.

         On April 2, 2013, the Commissioner sent Plaintiff a letter in which she provided "information regarding insured status, work and case history." Tr. 45. Specifically, the Commissioner noted Plaintiff's date first insured is April 1, 1990, and his date last insured is June 30, 1993. The Commissioner also noted:

No social security taxable wages reported 1993-1998. Work activity resumes and 4 quarters of coverage earned each of the following years 1999, 2000 and 2001. The earnings, although material do not establish a new period of insured status.

Tr. 45. Plaintiff requested a hearing.

         On March 27, 2014, Matthew Brown submitted a statement to the Commissioner in which he noted he was Plaintiff s supervisor in a construction and landscaping business in 1996. Tr. 66.Brown stated Plaintiff "worked under [his] supervision during the months of July, August and September 1996. He earned a salary of $1, 800 for those three months." Tr. 66.

         An Administrative Law Judge (ALJ) held a hearing on April 8, 2014. Tr. 75-91. At the hearing Plaintiff was not represented. Plaintiff testified he did not file a tax return in 1996 or pay FICA taxes on the earnings noted by Brown in his March 27, 2014, letter. Tr. 89. Plaintiff also testified he worked at the construction and landscaping business again in 1997, and he believed he filed a tax return for 1997. Tr. 88-89. The ALJ suggested Plaintiff supplement the ...


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