LANDER v. COLVIN
||JOSEPH L. LANDER
||CAROLYN W. COLVIN
||SSA (Court Use Only) and USM (Court Use Only)
||August 23, 2016
||US District Court for the Southern District of Indiana
||Matthew P. Brookman
|Nature of Suit:
||Social Security: SSID Tit. XVI
|Cause of Action:
||42 U.S.C. § 405 Review of HHS Decision (SSID)
|Jury Demanded By:
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|July 7, 2017
ENTRY REVIEWING THE COMMISSIONER'S DECISION - Plaintiff Joseph Lander applied for disability insurance benefits from the Social Security Administration ("SSA") on November 2, 2012, alleging an onset date of May 29, 2012. [Filing No. 14 -6 at 2.] His application was denied initially on March 5, 2012, [Filing No. 14 -4 at 4], and upon reconsideration on June 14, 2013, [Filing No. 14 -4 at 24]. Administrative Law Judge ("ALJ") David Welch held a hearing on November 14, 2014, [Filing No. 14 -2 at 35], and issued a decision on January 30, 2015, concluding that Mr. Lander was not entitled to receive benefits, [Filing No. 14 -2 at 12-26]. The Appeals Council denied review on July 15, 2016, [Filing No. 14 -2 at 2], rendering the ALJ's decision the final decision of the Commissioner of the SSA (the "Commissioner"), [Filing No. 14 -2 at 12-26]. Mr. Lander then filed this civil action under 42 U.S.C. § 405(g), requesting that the Cou rt review the Commissioner's decision. [Filing No. 1 .] For the reasons detailed herein, the Court VACATES the ALJ's decision denying Mr. Lander benefits and REMANDS this matter for further proceedings pursuant to 42 U.S.C. § 405(g)(sentence 4) as detailed above. Final Judgment will issue accordingly. (See Order). Signed by Judge Jane Magnus-Stinson on 7/7/2017.(APD)
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