PORTER v. BERRYHILL
AMBER PORTER |
NANCY A. BERRYHILL |
SSA (Court Use Only), SSA-USAO (Court Use Only) and USM (Court Use Only) |
1:2017cv03077 |
September 5, 2017 |
US District Court for the Southern District of Indiana |
Indianapolis Office |
Tim A. Baker |
Jane Magnus-Stinson |
Social Security: SSID Tit. XVI |
42 U.S.C. ยง 405 Review of HHS Decision (SSID) |
None |
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Filing 30 ENTRY REVIEWING THE COMMISSIONER'S DECISION - Plaintiff Amber Porter on behalf of K.F., a minor, appeals the denial of K.F.'s application for supplemental security income ("SSI") benefits. Ms. Porter applied for benefits on K.F& #039;s behalf on August 27, 2012. [Filing No. 14 -7 at 2.] The claim was initially denied on October 22, 2012, [Filing No. 14 -4 at 6], and upon reconsideration on November 2, 2012, [Filing No. 14 -4 at 18]. Administrative Law Judge ("ALJ ") Mark Ziercher held a hearing on January 17, 2014, and issued a decision on October 28, 2014, concluding that K.F. was not disabled. [Filing No. 14 -4 at 20.] Ms. Porter sought review by the Social Security Administration's Appeals Co uncil, [Filing No. 14 -5 at 49], which granted review on November 17, 2015, [Filing No. 14 -4 at 42], and remanded the case for further proceedings, [Filing No. 14 -4 at 44]. On March 21, 2016, ALJ John Metz held a supplemental hearing at which Ms. Porter and Dr. Belt, an impartial medical expert, testified. [Filing No. 14 -2 at 11.] ALJ Metz denied the claim on May 18, 2016, [Filing No. 14 -2 at 2], and the Appeals Council denied review on July 12, 2017, rendering the ALJ's deci sion the final decision of the Commissioner of the Social Security Administration (the "Commissioner") for the purposes of this review, [Filing No. 14 -2 at 2]. Ms. Porter filed this action on behalf of K.F. pursuant to 42 U.S.C. § 405 (g) and 42 U.S.C. § 1383(c), requesting that the Court review the ALJ's denial of benefits. [Filing No. 1 .] For the reasons stated herein, the Court VACATES the ALJ's decision denying Ms. Porter's application for SSI on behalf of K.F. and REMANDS this matter for further proceedings consistent with this Entry as authorized by Sentence Four of 42 U.S.C. § 405(g). (See Entry). Signed by Judge Jane Magnus-Stinson on 7/13/2018.(APD) |
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