United States District Court, D. Oregon
D. Goddard Social Security Administration Attorneys for
W. Brewer Law Offices of Bruce W. Brewer Attorney for
J. Williams United States Attorney, District of Oregon Renata
Gowie Assistant United States Attorney
OPINION & ORDER
A. HERNÁNDEZ United States District Judge
Bishop Frank brings this action seeking judicial review of
the Commissioner's final decision to deny disability
insurance benefits (DIB). This Court has jurisdiction
pursuant to 42 U.S.C. § 405(g). I reverse the
Commissioner's decision and remand for benefits.
applied for DIB on May 13, 2011, alleging an onset date of
November 30, 2008. Tr. 138, 324-32. His application was
denied initially and on reconsideration. Tr. 114-23, 157-60
(Initial); Tr. 124-34, 162-64 (Reconsideration).
September 5, 2013, Plaintiff appeared, with counsel, for a
hearing before an Administrative Law Judge (ALJ). Tr. 138. On
February 27, 2008, the ALJ found Plaintiff not disabled. Tr.
135-46. Upon review, the Appeals Council remanded the case
back to the ALJ and required that the ALJ address specific
issues. Tr. 151-54.
remand, the ALJ conducted two additional hearings at which
Plaintiff appeared with counsel. Tr. 50-66 (Nov. 17, 2015
hearing); Tr. 36-49 (Apr. 20, 2016 hearing). On June 1, 2016,
the ALJ found Plaintiff not disabled. Tr. 14-30. The Appeals
Council denied review. Tr. 1-4.
alleges disability based on leg injuries, a fused right heel,
shoulder pain, and head injury. Tr. 367, 398. At the time of
the most recent hearing, he was fifty-seven years old.
326. He has an eleventh-grade education and past relevant
work experience as a siding installer and union laborer. Tr.
claimant is disabled if unable 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 ...