United States District Court, D. Oregon
MERRILL SCHNEIDER Schneider Kerr & Robichaux Attorneys
J. WILLIAMS United States Attorney
GOWIE Assistant United States Attorney
MICHAEL W. PILE Acting Regional Chief Counsel
LU Special Assistant United States Attorney Social Security
Administration Attorneys for Defendant
OPINION AND ORDER
J. BROWN, UNITED STATES SENIOR DISTRICT JUDGE
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).
reasons that follow, the Court AFFIRMS the
decision of the Commissioner and DISMISSES
protectively filed her applications for DIB and SSI benefits
on June 5, 2014. Tr. 18. 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
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).
December 13, 2017, Plaintiff filed a Complaint in this Court
seeking review of the Commissioner's decision.
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.
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.
as noted, Plaintiff does not challenge the ALJ's summary
of the medical evidence. After carefully reviewing the
medical records, this Court adopts the ...