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Vogt v. Colvin

United States District Court, E.D. Missouri, Eastern Division

November 2, 2016

DANIEL VOGT, Plaintiff,
v.
CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant.

          MEMORANDUM AND ORDER

          NOELLE C. COLLINS, UNITED STATES MAGISTRATE JUDGE

         This is an action under Title 42 U.S.C. § 405(g) for judicial review of the final decision of the Commissioner denying the application of Daniel Vogt (“Plaintiff”) for Child's Insurance Benefits (“CIB”) under Title II of the Act, 42 U.S.C. §§ 401, et seq. Plaintiff has filed a brief in support of the Complaint (Doc. 10) and Defendant has filed a brief in support of the Answer (Doc. 15). The parties have consented to the jurisdiction of the undersigned United States Magistrate Judge pursuant to Title 28 U.S.C. § 636(c) (Doc. 5).

         I. BACKGROUND

         On December 26, 2006, Plaintiff applied for CIB (Tr. 24-29). Plaintiff was approved to begin receiving benefits in February 2007 (Tr. 30-32). On August 29, 2007, Plaintiff was notified that he was no longer eligible for benefits based upon the wage earner's income (Tr. 37-38). In February 2008, Plaintiff was notified that he was no longer eligible for CIB because of his age (Tr. 45-46). Plaintiff turned 18 years old on November 14, 2006 and graduated high school in May 2008 at 19 years old (Tr. 107). On May 30, 2012, Plaintiff filed a request for reconsideration which was dismissed under the doctrine of Res Judicata on June 12, 2012 (Tr. 56-58). Plaintiff filed a request for hearing before an Administrative Law Judge (“ALJ”) on August 10, 2012 (Tr. 59-61). After a hearing, by decision dated July 16, 2013, the ALJ found Plaintiff became ineligible for CIB on July 1, 2007, and remained ineligible through his 19th birthday and two months thereafter (Tr. 16-20). On November 5, 2014, the Appeals Council granted Plaintiff's request for review (Tr. 8-11). The Appeals Council issued an unfavorable decision finding Plaintiff became ineligible for CIB on July 1, 2007, and remained ineligible through his 19th birthday and two months thereafter (Tr. 2-7). As such, the Appeals Council decision stands as the final decision of the Commissioner.

         II. RELEVANT TESTIMONY

         Relevant to the current motion, Plaintiff's father testified to the following at the Administrative Hearing:

Q [Claimant's Attorney] And when Daniel's benefits ceased, did you make an appointment to speak with a representative of the Social Security Administration?
A We have talked to numerous of them, yes.
Q Could you maybe just tell the court today what those conversations were about?
A [INAUDIBLE] we came out here, this office was on the other side over there, and they said that we were going to receive -- when I turned full age, which would have been 66, which has been two years ago, I would receive $12, 999. I was told that at this office here, and also I was told that by a Mr. Meeks [phonetic] up in [INAUDIBLE] office.
Q And were any additional benefits ever paid?
A No.
ALJ: Someone from this office, this office here?
WTN: Not -- next door, where we -- ALJ: Oh, the Social ...

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