BURKE v. BERRYHILL
GARY F. BURKE |
NANCY A. BERRYHILL |
SSA (Court Use Only) and SSA-USAO (Court Use Only) |
1:2018cv00833 |
March 15, 2018 |
US District Court for the Southern District of Indiana |
Indianapolis Office |
Tim A. Baker |
Jane Magnus-Stinson |
Social Security: DIWC/DIWW |
42 U.S.C. ยง 405 Review of HHS Decision (DIWW) |
None |
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Filing 14 ENTRY REVIEWING THE DEPUTY COMMISSIONER'S DECISION - Plaintiff Gary B. applied for supplemental security income from the Social Security Administration ("SSA") on September 8, 2014, alleging an onset date of June 1, 1992. [Filing N o. 5 -2 at 34.] His application was initially denied on December 3, 2014, [Filing No. 5 -7 at 2], and upon reconsideration on March 20, 2015, [Filing No. 5 -7 at 9]. Administrative Law Judge Julia Gibbs (the "ALJ") held a hearing on M ay 24, 2016. [Filing No. 5 -2 at 52-92.] The ALJ issued a decision on March 1, 2017, concluding that Gary B. was not entitled to receive supplemental security income. [Filing No. 5 -2 at 31.] The Appeals Council denied review on January 22, 2018 . [Filing No. 5 -2 at 2.] On March 15, 2018, Gary B. timely filed this civil action asking the Court to review the denial of benefits according to 42 U.S.C. § 405(g) and 42 U.S.C. § 1383(c). [Filing No. 1 .] "The standard for disa bility claims under the Social Security Act is stringent." Williams-Overstreet v. Astrue, 364 F. App'x 271, 274 (7th Cir. 2010). "Even claimants with substantial impairments are not necessarily entitled to benefits, which are paid f or by taxes, including taxes paid by those who work despite serious physical or mental impairments and for whom working is difficult and painful." Id. at 274. Taken together, the Court can find no legal basis presented by Gary B. to reverse the ALJ's decision that he was not disabled during the relevant time period. Therefore, the decision below is AFFIRMED. Final judgment will issue accordingly. (See Entry). Signed by Judge Jane Magnus-Stinson on 10/10/2018.(APD) |
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