Day v. Commissioner Social Security Administration
Plaintiff: Jerry Day
Defendant: Commissioner Social Security Administration
Case Number: 3:2008cv00944
Filed: August 11, 2008
Court: US District Court for the District of Oregon
Office: Portland Office
County: Marion
Presiding Judge: John Jelderks
Nature of Suit: Social Security: SSID Tit. XIV
Cause of Action: 42 U.S.C. ยง 405 Review of HHS Decision (SSID)
Jury Demanded By: None

Available Case Documents

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Date Filed Document Text
May 13, 2010 Opinion or Order Filing 36 ORDER: Granting Application for Fees Pursuant to EAJA 33 . Signed on 5/13/10 by Magistrate Judge John Jelderks. (mr)
January 22, 2010 Opinion or Order Filing 31 OPINION AND ORDER: This court ADOPTS the Findings and Recommendation of Magistrate Judge Jelderks 28 dated December 15,2009 in its entirety, with the following clarification: Plaintiff's entitlement to an award of benefits cannot be de termined until the Commissioner detennines the date on which plaintiff became disabled, which can be no later than October 1995. Plaintiff will not be awarded Title II disability benefits (DIB) unless the Commissioner determines that he was disabled on or before his date last insured for Title II disability benefits. Plaintiff will not be awarded Title XVI disability payments (SSI) unless he meets the financial eligibility requirements set out in the regulations for each possible month of paymen t, based on his SSI application date. IT IS HEREBY ORDERED that the decision of the Commissioner is reversed. The case is remanded for a finding of disability and for rehearing to determine the date on which plaintiff became disabled. Signed on 1/22/10 by Judge Garr M. King. (mr)
December 15, 2009 Opinion or Order Filing 28 Findings & Recommendation: A judgment should be entered REVERSING the Commissioner's decision, and REMANDING this action to the agency for a determination that plaintiff is disabled, determination of the date upon which plaintiff became disabled, and an award of benefits. Objections to the Findings & Recommendation are due by 1/4/2010. Signed on 12/15/09 by Magistrate Judge John Jelderks. (mr)
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Plaintiff: Jerry Day
Represented By: H. Peter Evans
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Defendant: Commissioner Social Security Administration
Represented By: Britannia I. Hobbs
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