Day v. Commissioner Social Security Administration

Filing 31

OPINION AND ORDER: This court ADOPTS the Findings and Recommendation of Magistrate Judge Jelderks 28 dated December 15,2009 in its entirety, with the following clarification: Plaintiff's entitlement to an award of benefits cannot be de termined until the Commissioner detennines the date on which plaintiff became disabled, which can be no later than October 1995. Plaintiff will not be awarded Title II disability benefits (DIB) unless the Commissioner determines that he was disabled on or before his date last insured for Title II disability benefits. Plaintiff will not be awarded Title XVI disability payments (SSI) unless he meets the financial eligibility requirements set out in the regulations for each possible month of paymen t, based on his SSI application date. IT IS HEREBY ORDERED that the decision of the Commissioner is reversed. The case is remanded for a finding of disability and for rehearing to determine the date on which plaintiff became disabled. Signed on 1/22/10 by Judge Garr M. King. (mr)