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Frank v. Berryhill

United States District Court, D. Oregon

April 5, 2018

BISHOP FRANK, an individual, Plaintiff,
v.
NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant.

          Jordan D. Goddard Social Security Administration Attorneys for Defendant

          Bruce W. Brewer Law Offices of Bruce W. Brewer Attorney for Plaintiff

          Billy J. Williams United States Attorney, District of Oregon Renata Gowie Assistant United States Attorney

          OPINION & ORDER

          MARCO A. HERNÁNDEZ United States District Judge

         Plaintiff 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.

         PROCEDURAL BACKGROUND

         Plaintiff 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).

         On 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.

         Upon 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.

         FACTUAL BACKGROUND

         Plaintiff 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.

         Tr. 326. He has an eleventh-grade education and past relevant work experience as a siding installer and union laborer. Tr. 28, 78.

         SEQUENTIAL DISABILITY EVALUATION

         A 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 ...


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