United States District Court, E.D. Missouri, Eastern Division
MEMORANDUM AND ORDER
C. COLLINS, UNITED STATES MAGISTRATE JUDGE
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)
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.
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?
ALJ: Someone from this office, this office here?
WTN: Not -- next door, where we -- ALJ: Oh, the Social