United States District Court, D. Oregon
GREGORY M. CORREIA, Plaintiff,
COMMISSIONER OF SOCIAL SECURITY,  Defendant.
E. HAAPALA, JR. Attorney for Plaintiff
J. WILLIAMS United States Attorney
GOWIE Assistant United States Attorney
MICHAEL W. PILE Acting Regional Chief Counsel
F. HIGHLAND Special Assistant United States Attorney Social
Security Administration Attorneys for Defendant
OPINION AND ORDER
J. BROWN UNITED STATES SENIOR DISTRICT JUDGE
Gregory M. Correia seeks judicial review of the decision of
the Commissioner of the Social Security Administration (SSA)
in which the Commissioner denied Plaintiff's application
for Disability Insurance Benefits (DIB) under Title II of the
Social Security Act.
reasons that follow, the Court DISMISSES
this action for lack of subject-matter jurisdiction.
Prior Administrative History
protectively filed his initial application for DIB benefits
on December 20, 2010. Tr. 16, 145. Plaintiff alleged a
disability onset date of November 28, 2006. Plaintiff's
application was denied initially and on reconsideration. An
Administrative Law Judge (ALJ) held a hearing on March 15,
2013. Tr. 30-61. Plaintiff and a vocational expert (VE)
testified. Plaintiff was represented by an attorney at the
1, 2013, the ALJ issued an opinion in which she found
Plaintiff is not disabled and, therefore, is not entitled to
benefits. Tr. 16-24. On June 6, 2013, Plaintiff requested
review by the Appeals Council of that determination. Tr. 12.
On February 10, 2014, 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. 1-3. See Sims v. Apfel, 530 U.S.
103, 106-07 (2000).
April 11, 2014, Plaintiff filed a Complaint in this Court for
review of the Commissioner's decision.
April 20, 2015, this court (Judge Malcolm F. Marsh) reversed
the Commissioner's decision and remanded the case for