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16-1210 - DELONG v. BERRYHILL


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16-1210 - DELONG v. BERRYHILL
July 31, 2017
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ENTRY REVIEWING THE COMMISSIONER'S DECISION - Plaintiff Timothy DeLong applied for disability insurance benefits from the Social Security Administration ("SSA") on February 11, 2010, alleging an onset date of June 6, 2008. [Filing No. 12-4 at 7.] His application was denied initially on April 20, 2010, and upon reconsideration on July 28, 2010. [Filing No. 12-4 at 7.] Administrative Law Judge ("ALJ") Angela Miranda held a video hearing on August 23, 2011, and issued a decision on November 29, 2011, concluding that Mr. DeLong was not entitled to receive benefits. [Filing No. 12-4 at 7-18.] On October 18, 2012, the Appeals Council vacated and remanded the ALJ's decision after it received additional evidence. [Filing No. 12-4 at 22-23.] On September 24, 2013, the ALJ held another video hearing, [Filing No. 12-2 at 52], and issued a decision on August 26, 2014, concluding once again that Mr. DeLong was not entitled to receive benefits. [Filing No. 12-2 at 32-46.] The Appeals Council denied review on March 14, 2016, [Filing No. 12-2 at 3], rendering the ALJ's decision the final decision of the Commissioner of the SSA (the "Commissioner"), [Filing No. 12-2 at 32-46]. Mr. DeLong then filed this civil action under 42 U.S.C. § 405(g), requesting that the Court review the Commissioner's decision. [Filing No. 1.] For the reasons detailed herein, the Court VACATES the ALJ's decision denying Mr. DeLong benefits and REMANDS this matter for further proceedings pursuant to 42 U.S.C. § 405(g)(sentence 4) as detailed above. Final Judgment will issue accordingly. (See Order). Signed by Judge Jane Magnus-Stinson on 7/31/2017.(APD)