Loader v. Saul

Loader v. Saul

Opinion

MEMORANDUM AND ORDER

INTRODUCTION

Plaintiff Kevin E. Loader (Loader) brought this action to obtain judicial review of the final decision of the Commissioner of the Social Security Administration (Commissioner), denying his applications for disability benefits, disability insurance benefits, and supplemental security income benefits under Titles II and XVI of the Social Security Act, 42 U.S.C. §§ 401-433, 1381 et seq.

JURISDICTION

The Court has jurisdiction over this action under 42 U.S.C. § 405(g). Venue is proper given that Loader resides in Powell County, Montana. 29 U.S.C. § 1391(e)(1); L.R. 1.2(c)(3). The parties have consented to have the undersigned conduct all proceedings in this matter and enter judgment. (Doc. 10).

BACKGROUND

Loader is 53 years old. (Doc. 6 at 1050). Loader has a high school education. (Doc. 6 at 1149). Loader has [*2]  also completed one year of college courses. Id. Loader is a military veteran. (Doc. 6 at 1151). Loader served 9 1/2 years in the Navy and 5 years in the army. Id. Loader received a medical discharge from the military in 2010. (Doc. 6 at 1151-1152). Loader has past work experience as a correctional officer, a retail store sales associate, and a residential painter. (Doc. 6 at 1150, 1152-1155). Loader last worked in September 2011. (Doc. 6 at 1155).

The Veterans Administration (VA) assigned Loader a 30% disability rating in 2017. (Doc. 6 at 929-930). This 30% rating consisted of a 20% rating for back problems and a 10% rating for tinnitus. (Doc. 6 at 1532, 1892).

Loader filed his applications for Social Security disability benefits and supplemental security income benefits on April 29, 2013. (Doc. 6 at 396, 1043). Loader alleged that he became disabled on December 19, 2012. Id. Loader alleged that he became disabled due to compression fractures in his thoracic spine, depression and degenerative arthritis. (See Cause CV 15-38-H-JTJ, Doc. 11 at 202, 213; Doc. 6 at 427).

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