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Sax v. Colvin

United States District Court, E.D. Washington

March 25, 2014

JOSHUA WILLIAM SAX, Plaintiff,
v.
CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant

Decided Date: March 24, 2014.

Page 1157

For Joshua William Sax, Plaintiff: Jeffrey Schwab, LEAD ATTORNEY, Calbom & Schwab PSC, Moses Lake, WA.

Page 1158

DECISION AND ORDER

VICTOR E. BIANCHINI, UNITED STATES MAGISTRATE JUDGE.

I. INTRODUCTION

In December of 2009, Plaintiff Joshua William Sax applied for Supplemental Security Income (" SSI" ) benefits and Disability Insurance Benefits (" DIB" ) under the Social Security Act. The Commissioner of Social Security denied the applications.

Plaintiff, represented by Calbom & Schwab, P.C., Jeffrey Schwab, Esq., of counsel, commenced this action seeking judicial review of the Commissioner's denial of benefits pursuant to 42 U.S.C. § § 405 (g) and 1383 (c)(3). The parties consented to the jurisdiction of a United States Magistrate Judge. (Docket No. 9).

On February 3, 2014, the Honorable Rosanna Malouf Peterson, Chief United States District Judge, referred this case to the undersigned pursuant to 28 U.S.C. § 636(b)(1)(A) and (B). (Docket No. 23).

II. BACKGROUND

The procedural history may be summarized as follows:

On December 18, 2009, Plaintiff applied for SSI benefits and DIB, alleging disability beginning July 1, 2007. (T at 144-45, 146-49).[1] The applications were denied initially and Plaintiff requested a hearing before an Administrative Law Judge (" ALJ" ). On March 9, 2011, a hearing was held before ALJ R.J. Payne. (T at 40). Plaintiff appeared with an attorney and testified. (T at 57-75). The ALJ also received testimony from Dr. Marian Martin, a psychological expert. (T at 44-57).

On April 7, 2011, ALJ Payne issued a written decision denying the applications for benefits. (T at 11-29). The ALJ's decision became the Commissioner's final decision on April 5, 2012, when the Social Security Appeals Council denied Plaintiff's request for review. (T at 1-6).

On May 31, 2012, Plaintiff, acting by and through his counsel, timely commenced

Page 1159

this action by filing a Complaint in the United States District Court for the Eastern District of Washington. (Docket No. 5). The Commissioner interposed an Answer on August 6, 2012. (Docket No. 10).

Plaintiff filed a motion for summary judgment, with supporting memorandum of law, on December 3, 2012. (Docket No. 16, 17). The Commissioner moved for summary judgment, supported by a memorandum of law, on January 15, 2013. (Docket No. 18, 19). As noted above, the parties consented to the jurisdiction of a Magistrate Judge. (Docket No. 9).

For the reasons set forth below, the Commissioner's motion is granted, Plaintiff's motion is denied, ...


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