Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Christensen v. Commissioner Social Security Administration

United States District Court, D. Oregon

May 24, 2018

SYLVIA CHRISTENSEN, Plaintiff,
v.
COMMISSIONER, Social Security Administration, Defendant.

          SYLVIA CHRISTENSEN Plaintiff, Pro Se

          BILLY J. WILLIAMS United States Attorney RENATA GOWIE Assistant United States Attorney

          MICHAEL W. PILE Acting Regional Chief Counsel HEATHER L. GRIFFITH Special Assistant United States Attorney Social Security Administration Attorneys for Defendant

          OPINION AND ORDER

          ANNA J. BROWN United States Senior District Judge

         Plaintiff Sylvia Christensen seeks judicial review of the final 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. This Court has jurisdiction to review the Commissioner's final decision pursuant to 42 U.S.C. § 405(g).

         For the reasons that follow, the Court AFFIRMS the decision of the Commissioner and DISMISSES this matter.

         ADMINISTRATIVE HISTORY

         Plaintiff protectively filed her initial application for DIB benefits on May 23, 2011. Tr. 113.[1] Plaintiff alleged a disability onset date of August 31, 2000. Plaintiff's application was denied initially and on reconsideration. An Administrative Law Judge (ALJ) held a hearing on January 22, 2013.[2] Tr. 76-109. Plaintiff and a vocational expert (VE) testified. Plaintiff was represented by an attorney at the hearing.

         On March 4, 2013, the ALJ issued an opinion in which he found Plaintiff is not disabled and, therefore, is not entitled to benefits. Tr. 113-23.

         On September 14, 2015, Plaintiff filed a Complaint in this Court seeking review of the Commissioner's decision.

         On May 18, 2016, the Commissioner filed a Motion (#34) to Dismiss Plaintiff's Complaint on the ground that this Court lacked subject-matter jurisdiction based on Plaintiff's alleged failure to exhaust her administrative remedies when she failed to seek review of the ALJ's decision by filing an appeal with the Appeals Council. In her response to the Commissioner's Motion Plaintiff attached a copy of her request dated April 26, 2013, to obtain such review by the Appeals Council.

         On October 17, 2016, the Commissioner filed a Motion (#47) to Withdraw the Motion to Dismiss and to Remand the case to the SSA for further administrative proceedings.

         On November 23, 2016, the Court granted the Commissioner's Motion to Withdraw and remanded this case for further administrative proceedings. Order #50. The Court also granted Plaintiff leave to reopen this matter following a determination by the Appeals Council and a final decision by the Commissioner.

         On May 1, 2017, Plaintiff filed a Motion (#56) to Reopen this case.

         On June 13, 2017, the Commissioner filed a Motion (#63) to Remand this case to the SSA based on the Appeals Council's premature denial of Plaintiff's request for review.

         On July 25, 2017, the Court granted the Commissioner's Motion to Remand, held Plaintiff's Motion to Reopen in abeyance, and set a schedule for further action before the SSA.

         On October 27, 2017, the Appeals Council denied Plaintiff's request for review, and the ALJ's decision became the final decision of the Commissioner. See Sims v. Apfel, 530 U.S. 103, 106-07 (2000).

         On November 13, 2017, the Commissioner filed a Response (#75) to Plaintiff's Motion to Reopen in which she conceded Plaintiff had exhausted her administrative remedies and that the case was ripe for review in this Court. Thus, the Commissioner did not oppose Plaintiff's Motion to Reopen.

         On November 16, 2017, the Court granted Plaintiff's Motion to Reopen, set a schedule for the Commissioner to file an Answer and Administrative Record, and set a briefing ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.