Daves v. Colvin

Filing 18

MEMORANDUM AND ORDER. The undersigned finds that the administrative law judge's decision lacks reversible error and is supported by substantial evidence. Therefore, the decision denying benefits is affirmed. A final judgment will be entered separately. Signed by Judge Marcia A. Crone on 9/29/17. (mrp, )

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1 2 3 4 1 Social Security DIB are authorized by Title II of the Social Security Act and provide income to individuals who are forced into involuntary, premature retirement, provided they are both insured and disabled, regardless of indigence. See 42 U.S.C. § 423(c) (definition of insured status); 42 U.S.C. § 423(d) (definition of disability). In contrast, SSI benefits are authorized by Title XVI of the Social Security Act and provide an additional resource to the aged, blind, and disabled to assure that their income does not fall below the poverty line. 20 C.F.R. § 416.110 (2015). Eligibility for SSI is based on proof of disability and indigence. See 42 U.S. C. § 1382c(a)(3) (definition of disability); 42 U.S.C. § 1382(a) (financial requirements). Although these are separate and distinct programs, applicants to both programs must prove “disability” under the Act. See 42 U.S.C. § 423(d)(1)(A) (disability insurance); 42 U.S.C. § 1382(c)(3)(A) (SSI). The law and regulations governing the determination of disability are the same for both programs. Greenspan, 38 F.3d at 236. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2 Daves references records from TheraSpecialists Physical therapy as Exhibit E; however, no TheraSpecialists records were attached to his brief or otherwise provided to the court. 21 22 23 . SIGNED at Beaumont, Texas, this 7th day of September, 2004. SIGNED at Beaumont, Texas, this 29th day of September, 2017. ________________________________________ MARCIA A. CRONE UNITED STATES DISTRICT JUDGE 24

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