Uhl v. Commissioner of Social Security

Filing 25

ORDER Affirming Agency's Denial Of Benefits And Ordering Judgment For Commissioner, signed by Magistrate Judge Sandra M. Snyder on 1/23/2015. (Case Management Deadline: 2/4/2015) (Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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JASON TRAVIS UHL,

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Plaintiff,
ORDER AFFIRMING AGENCY’S DENIAL
OF BENEFITS AND ORDERING
JUDGMENT FOR COMMISSIONER

v.

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Case No. 1:13-cv-01303-SMS

CAROLYN W. COLVIN, Acting
Commissioner of Social Security,
Defendant.

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Plaintiff Jason Travis Uhl, by his attorneys, Law Offices of Lawrence D. Rohlfing, seeks
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judicial review of a final decision of the Commissioner of Social Security (“Commissioner”)

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denying his application for disability insurance benefits pursuant to Title II and for supplemental
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security income (“SSI”) pursuant to Title XVI of the Social Security Act (42 U.S.C. § 301 et seq.)
(the “Act”). The matter is before the Court on the parties' cross-briefs, which were submitted,

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without oral argument, to the Honorable Sandra M. Snyder, U.S. Magistrate Judge.
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Plaintiff alleges that the Commissioner erred in failing to assess properly his personality
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disorder and drug addiction and alcoholism ("DAA") using the criteria set forth in Social Security
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Ruling 13-2p. The Commissioner appears not to dispute the application of SSR 13-2p. The Court
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notes, however, that the effective date of SSR 13-2p, which is March 22, 2013, was more than a
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year after the ALJ issued his decision in this matter.
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Accordingly, the Court hereby ORDERS each party to submit a supplemental brief, not to

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exceed five (5) pages, explaining why SSR 13-2p applies in this case. Both briefs shall be filed with

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the Court on or before February 4, 2015. If either party finds a reply brief to be necessary, he or she

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shall file the reply on or before February 9, 2015. In the alternative, should the parties agree on the

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ruling's application, they may provide the Court with their stipulation to that effect on or before

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February 4, 2015. The Court shall then take the matter under submission.

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IT IS SO ORDERED.
Dated:

January 23, 2015

/s/ Sandra M. Snyder
UNITED STATES MAGISTRATE JUDGE

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