United States District Court, D. Oregon
JACK MCMILLAN Plaintiff, Pro Se
J. WILLIAMS United States Attorney
GOWIE Assistant United States Attorney
MICHAEL W. PILE Acting Regional Chief Counsel Attorneys for
A. BODEN Special Assistant United States Attorney
OPINION AND ORDER
J. BRMJN United States Senior District Judge
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.
a review of the record, the Court AFFIRMS
the decision of the Commissioner and
DISMISSES this matter.
filed an application for DIB on February 25, 2010, alleging a
disability onset date of December 15, 2001. Tr.
19-23. 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.
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.
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
Tr. 45. Plaintiff requested a hearing.
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.
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 ...