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United States District Court for the Western District of Texas
September 5, 2017, Decided; September 6, 2017, Filed
CIVIL ACTION NO. 6:15-00351-WY
[*958] YOUNG, D.J.1
MEMORANDUM OF DECISION
Ashley Elizabeth Ihde ("Ihde") brought this action against the Commissioner of Social Security ("Commissioner"), pursuant to 42 U.S.C. sections 405(g) and 1383(c)(3). Ihde requested review of the Commissioner's denial of Ihde's application for disability benefits and supplemental security income. This Court granted remand on a single issue, as explained herein.
A. Procedural History
Ihde sought Title II period of disability and disability insurance benefits as well as Title XVI supplemental security income on February 21, 2014. Administrative R. ("Admin. R.") 12, ECF No. 14.2 The Social Security Administration initially denied Ihde's applications on July 14, 2014 and then again on September 17, 2014 after reconsideration. Id. On October 13, 2014, Ihde submitted a request for a hearing which then was held on April 14, 2015. Id. On June 1, 2015, the hearing [**2] officer3 determined that Ihde was not disabled and therefore qualified for neither disability insurance benefits nor supplemental security income. Id. at 20. The Appeals Council denied Ihde's request for review on October 2, 2015. Id. at 1-3.
On December 4, 2015, Ihde filed a complaint in federal district court asking that the Court find that she is entitled to benefits or, in the alternative, remand the Social Security Administration's decision for further hearing. Compl. 2, ECF No. 3. The Commissioner answered on October 7, 2016, Answer, ECF No. 13, and the parties briefed the issues, Pl.'s Br., ECF No. 15; Pl.'s Reply Br. 1-3, ECF No. 19; Br. Supp. Commissioner's Decision ("Def.'s Br."), ECF No. 18. On June 2, 2017, this Court heard oral arguments4 and remanded [*959] the case to the hearing officer only to further consider the issue rising out of Dr. [*960] Cessna's opinion. Minute Entry, ECF No. 24.
B. Factual Background5
Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.
270 F. Supp. 3d 956 *; 2017 U.S. Dist. LEXIS 143537 **; 2017 WL 3910898
ASHLEY ELIZABETH IHDE, Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner, Social Security Administration, Defendant.
hearing officer, claimant's, opinion evidence, disability, impairment, factors, treating, evaluator, treating physician, determinations, limitations, medical opinion, weighing, substantial evidence, lay opinion, accorded, benefits, marked, physician's opinion, state agency, adjudicator, symptoms, severe
Public Health & Welfare Law, Disability Insurance & SSI Benefits, Judicial Review, Standards of Review, Eligibility, Disability Determinations, Disability Standards, Sequential Evaluation Process, Sequential Evaluation Process, Medical Vocational Guidelines, Listing of Impairments, Past Relevant Work, Residual Functional Capacity, Consultative Examinations, Treating Physicians & Sources, Subjective Complaint Evaluations, Social Security, Judicial Review