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Jane O. v. Commissioner of Social Security

United States District Court, D. Oregon

November 15, 2018

CHRISTINE JANE O., [1] Plaintiff,
v.
COMMISSIONER OF SOCIAL SECURITY, Defendant.

          MERRILL SCHNEIDER Schneider Kerr & Robichaux Attorneys for Plaintiff

          BILLY J. WILLIAMS United States Attorney

          RENATA GOWIE Assistant United States Attorney

          MICHAEL W. PILE Acting Regional Chief Counsel

          RYAN LU Special Assistant United States Attorney Social Security Administration Attorneys for Defendant

          OPINION AND ORDER

          ANNA J. BROWN, UNITED STATES SENIOR DISTRICT JUDGE

         Plaintiff Christine Jane O. seeks judicial review of the final decision of the Commissioner of the Social Security Administration (SSA) in which the Commissioner denied Plaintiff's applications for Disability Insurance Benefits (DIB) under Title II of the Social Security Act and 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 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 applications for DIB and SSI benefits on June 5, 2014. Tr. 18.[2] Plaintiff alleges a disability onset date of October 1, 2007. Tr. 1. Plaintiff's applications were denied initially and on reconsideration. An Administrative Law Judge (ALJ) held a hearing on October 19, 2016. Tr. 18, 35-74. Plaintiff and a vocational expert (VE) testified. Plaintiff was represented by an attorney at the hearing.

         On December 8, 2016, the ALJ issued an opinion in which he found Plaintiff is not disabled and, therefore, is not entitled to benefits. Tr. 18-30. On February 10, 2017, Plaintiff requested review by the Appeals Council. Tr. 186. On October 11, 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).

         On December 13, 2017, Plaintiff filed a Complaint in this Court seeking review of the Commissioner's decision.

         BACKGROUND

         Plaintiff was born on October 30, 1962. Tr. 27. Plaintiff was forty-four years old on her alleged disability onset date. Tr. 27. Plaintiff attended school through the ninth grade. Tr. 27, 41. The ALJ found Plaintiff has past relevant work experience as a delivery driver. Tr. 27.

         Plaintiff alleges disability due to chronic obstructive pulmonary disease (COPD), diabetes, asthma, “back problems, ” obesity, bronchitis, “polyps in colon, ” diverticulitis, arthritis, and bursitis. Tr. 77-78, 226.

         Except as noted, Plaintiff does not challenge the ALJ's summary of the medical evidence. After carefully reviewing the medical records, this Court adopts the ...


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