United States District Court, D. Oregon
MERRILL SCHNEIDER Schneider Kerr & Robichaux Attorneys
J. WILLIAMS United States Attorney RENATA GOWIE Assistant
United States Attorney MICHAEL W. PILE Acting Regional Chief
Counsel JORDAN D. GODDARD Special Assistant United States
Attorney Social Security Administration Attorneys for
OPINION AND ORDER
J. BROWN UNITED STATES SENIOR DISTRICT JUDGE.
Leotha T., Jr., 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 Supplemental Security Income (SSI) under
Title XVI of the Social Security Act. This Court has
jurisdiction to review the Commissioner's final decision
pursuant to 42 D.S.C. § 405(g).
reasons that follow, the Court AFFIRMS the
decision of the Commissioner and DISMISSES
Prior Administrative History
protectively filed his application for SSI benefits on
October 3, 2012. Tr. 16, 307. Plaintiff alleges a disability
onset date of December 31, 2002. Tr. 16, 282. Plaintiff s
application was denied initially and on reconsideration. An
Administrative Law Judge (ALJ) held a hearing on October 24,
2014. Tr. 16, 76-98. Plaintiff and a vocational expert (VE)
testified. Plaintiff was represented by an attorney at the
December 5, 2014, the ALJ issued an opinion in which he found
Plaintiff is not disabled and, therefore, is not entitled to
benefits. Tr. 134-44. Plaintiff requested review by the
Appeals Council. On June 14, 2016, the Appeals Council
vacated the ALJ's decision and remanded the case for
further proceedings. Tr. 149-53.
December 1, 2016, the ALJ held a hearing on remand. Tr.
34-75. Plaintiff and a vocational expert (VE) testified.
Plaintiff was represented by an attorney at the hearing.
January 9, 2017, the ALJ issued an opinion in which he again
found Plaintiff is not disabled and, therefore, is not
entitled to benefits. Tr. 16-28. Plaintiff requested further
review by the Appeals Council. On September 13, 2017, 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).
November 17, 2017, Plaintiff filed a Complaint in this Court
for review of the Commissioner's decision.
was born on June 6, 1963. Tr. 26. Plaintiff was forty-nine
years old on the date his application was protectively filed.
Although Plaintiff's educational background is unclear,
the record reflects he has at least a high-school education.
Tr. 26. The ALJ found Plaintiff does not have any past
relevant work experience. Tr. 26.
alleges disability due to "back, numbness in both arms,
right foot broken bone pain." Tr. 311.
as noted, Plaintiff does not challenge the ALJ's summary
of the medical evidence. After carefully reviewing the
medical records, this Court adopts the ...