Day v. Commissioner Social Security Administration
Jerry Day |
Commissioner Social Security Administration |
3:2008cv00944 |
August 11, 2008 |
US District Court for the District of Oregon |
Portland Office |
Marion |
John Jelderks |
Social Security: SSID Tit. XIV |
42 U.S.C. ยง 405 Review of HHS Decision (SSID) |
None |
Available Case Documents
The following documents for this case are available for you to view or download:
Document Text |
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Filing 36 ORDER: Granting Application for Fees Pursuant to EAJA 33 . Signed on 5/13/10 by Magistrate Judge John Jelderks. (mr) |
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) |
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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