Pha v. Chater

909 F. Supp. 508, 1995 U.S. Dist. LEXIS 20381, 1995 WL 702176
CourtDistrict Court, N.D. Ohio
DecidedSeptember 29, 1995
DocketNo. 5:95CV553
StatusPublished
Cited by1 cases

This text of 909 F. Supp. 508 (Pha v. Chater) is published on Counsel Stack Legal Research, covering District Court, N.D. Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Pha v. Chater, 909 F. Supp. 508, 1995 U.S. Dist. LEXIS 20381, 1995 WL 702176 (N.D. Ohio 1995).

Opinion

MEMORANDUM AND OPINION

THOMAS, United States Magistrate Judge.

I. Introduction.

Before the Court is the appeal by Mai Yee Pha (“Plaintiff’) of the finding by the Secretary of Health and Human Services (the “Secretary”) that Plaintiff is not entitled to Supplemental Security Income (“SSI”) benefits. The present action arises out of a decision by Administrative Law Judge Stanley Christopher (the “ALJ”) that Plaintiff is not entitled to such benefits.

The ALJ found that Plaintiff had not reached the age of 65, and was, therefore, not entitled to SSI benefits. The sole issue presented in this action is whether the ALJ’s finding with respect to Plaintiffs date of birth is supported by substantial evidence.

For the reasons set forth below, the decision of the Secretary is affirmed.

II. Background.

Plaintiff applied for SSI benefits on November 4, 1992, claiming that she was born on December 5, 1927 and, therefore, eligible for benefits because she was 65 years of age (Tr. 58-70). Her application was denied initially and upon reconsideration (Tr. 71-73, 77-78, 79-80). Plaintiff requested a hearing before an ALJ, and a hearing before an ALJ was conducted on October 15, 1998 (Tr. 82-83, 26-57). The ALJ rendered his decision on April 28, 1994 (Tr. 15-19). The ALJ found that the “most probative evidence of record, especially the claimant’s own recitation of the chronology of events, supports a determination that October 8, 1939 is the date of birth for the claimant” (Finding No. 2, Tr. 18). Accordingly, the ALJ found that Plaintiff was not entitled to benefits because she had not reached the age of sixty-five (Finding No. 3, Tr. 18, 19).

Plaintiff sought a review of the ALJ’s decision (Tr. 9-11), and on December 6,1994, the Appeals Council denied her request (Tr. 7-8). Plaintiff filed her action in this Court on March 9, 1995 seeking judicial review of the Secretary’s decision denying Plaintiffs application. On May 30, 1995, Plaintiff filed a “Motion and Affidavit of Claimant” (hereinafter “Remand Motion”) (Docket # 13) seeking a remand of the case to the Secretary for the consideration of “new evidence.” The “new evidence” is an affidavit of Plaintiff signed May 24, 1995 (hereinafter “May 24, 1995 Affidavit”). Plaintiff filed a “Brief of Plain[510]*510tiff’ (Docket # 16) on June 16, 1995 which incorporates, in large part, the argument set forth in the Remand Motion. The Defendant’s Brief (Docket # 17) is responsive to Plaintiffs Remand Motion and Brief.

The parties have consented to the jurisdiction of the undersigned for the entry of judgment in this case, pursuant to 28 U.S.C. § 636(c)(1) (Docket # 15). The parties have waived the right to appeal the undersigned’s decision to a United States District Judge, and have agreed that any appeal shall be to the Court of Appeals for the Sixth Circuit. 28 U.S.C. § 686(c)(3).

III. Discussion.

Pursuant to 42 U.S.C. § 405(g), the Court’s review of the ALJ’s findings is limited to an inquiry into whether they were supported by substantial evidence. Barker v. Shalala, 40 F.3d 789, 794 (6th Cir.1994). “ ‘If the answer to that question is ‘Yes’ [the court] may not even inquire into whether the record could support a decision the other way.’” Id. (quoting Smith v. Secretary of Health & Human Servs., 893 F.2d 106, 108 (6th Cir.1989)). It is well settled that “substantial evidence” is defined as “such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” Richardson v. Perales, 402 U.S. 389, 401, 91 S.Ct. 1420, 1427, 28 L.Ed.2d 842 (1971); Stanley v. Secretary of Health & Human Servs., 39 F.3d 115, 117 (6th Cir.1994).

In this case, for Plaintiff to be eligible for SSI benefits, she had to establish that she was sixty-five or older and did not have income or resources greater than that which is provided for in the regulations. 20 C.F.R. § 416.202(a)(1), (c), and (d). The scope of Plaintiffs income or financial resources was an issue that the ALJ did not reach because the ALJ found that Plaintiff had not reached the age of sixty-five. That determination, as described below, is supported by substantial evidence.

A claimant bears the burden of establishing the age requirement for purposes of receiving SSI benefits. 20 C.F.R. § 416.801 (“An applicant for benefits ... shall file supporting evidence showing the date of his birth if his age is a condition of eligibility for benefits.... ”). The regulations provide for the type of evidence necessary to establish claimant’s age and the manner by which that evidence is evaluated. See 20 C.F.R. §§ 416.802 (“Type of evidence to be submitted”), and 416.803 (“Evaluation of evidence”). With respect to the type of evidence, claimant:

shall submit a public record of birth or a religious record of birth or baptism established or recorded before his fifth birthday, if available. Where no such document recorded or established before age 5 is available the individual shall submit as evidence of age another document or documents which may serve as the basis for a determination of the individual’s date of birth provided such evidence is corroborated by other evidence or by information in the records of the Administration. •

20 C.F.R. § 416.802. With respect to the evaluation of the evidence, the regulations provide:

the highest probative value will be accorded to a public record of birth or a religious record of birth or baptism established or recorded before age 5. Where such record is not available, and other documents are submitted as evidence of age, in determining their probative value, consideration will be given to when such other documents were established or recorded, and the circumstances attending their establishment or recordation. Among the documents which may be submitted for such purpose are: school record, census record, Bible or other family record, church record of baptism or confirmation in youth or early adult life, insurance policy, marriage record, employment record, labor union record, fraternal organization record, military record, voting record, vaccination record, delayed birth certificate, birth certificate of child of applicant, physician’s or midwife’s record of birth, immigration record, naturalization record, or passport.

20 C.F.R.

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909 F. Supp. 508, 1995 U.S. Dist. LEXIS 20381, 1995 WL 702176, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pha-v-chater-ohnd-1995.