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Correia v. Commissioner of Social Security

United States District Court, D. Oregon

April 19, 2018

GREGORY M. CORREIA, Plaintiff,
v.
COMMISSIONER OF SOCIAL SECURITY, [1] Defendant.

          JOHN E. HAAPALA, JR. Attorney for Plaintiff

          BILLY J. WILLIAMS United States Attorney

          RENATA GOWIE Assistant United States Attorney

          MICHAEL W. PILE Acting Regional Chief Counsel

          ERIN F. HIGHLAND Special Assistant United States Attorney Social Security Administration Attorneys for Defendant

          OPINION AND ORDER

          ANNA J. BROWN UNITED STATES SENIOR DISTRICT JUDGE

         Plaintiff 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.

         For the reasons that follow, the Court DISMISSES this action for lack of subject-matter jurisdiction.

         ADMINISTRATIVE HISTORY

         I. Prior Administrative History

         Plaintiff protectively filed his initial application for DIB benefits on December 20, 2010. Tr. 16, 145.[2] 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 hearing.

         On May 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).

         On April 11, 2014, Plaintiff filed a Complaint in this Court for review of the Commissioner's decision.

         On April 20, 2015, this court (Judge Malcolm F. Marsh) reversed the Commissioner's decision and remanded the case for ...


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