White v. Commissioner of Social Security
This text of White v. Commissioner of Social Security (White v. Commissioner of Social Security) is published on Counsel Stack Legal Research, covering District Court, S.D. Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON
SHARON WHITE,
Plaintiff, Case No. 3:19-cv-212
vs.
COMMISSIONER OF SOCIAL SECURITY, District Judge Thomas M. Rose Magistrate Judge Michael J. Newman Defendant. ______________________________________________________________________________
ORDER AND ENTRY DENYING PRO SE PLAINTIFF’S MOTION FOR TRIAL BY JURY (DOC. 9) ______________________________________________________________________________
This civil case is before the Court on pro se Plaintiff’s motion requesting that this case be tried by a jury. No right to a jury trial exists in Social Security disability appeals. Parker v. Astrue, 298 F. App’x 701, 702 (10th Cir. 2008) (“Congress did not clearly provide a right to a jury trial when it established a cause of action for review of a denial of social security benefits”); Ginter v. Sec’y of the Dep’t of Health, Ed. & Welfare, 621 F.2d 313, 313 (8th Cir. 1980) (“The district court has a limited role under section 205(g) of the Social Security Act, 42 U.S.C. § 405(g) . . . to reviewing the administrative record to determine whether there is substantial evidence to support the findings of the Secretary”). Accordingly, Plaintiff’s motion (doc. 9) is DENIED. IT IS SO ORDERED.
Date: November 27, 2019 s/ Michael J. Newman Michael J. Newman United States Magistrate Judge
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White v. Commissioner of Social Security, Counsel Stack Legal Research, https://law.counselstack.com/opinion/white-v-commissioner-of-social-security-ohsd-2019.