United States District Court, D. Montana, Great Falls Division
ANDREW R. LAKE, Plaintiff,
CAROLYN W. COLVIN, Acting COMMISSIONER OF SOCIAL SECURITY, Defendant.
FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE
KEITH STRONG, Magistrate Judge.
Andrew Lake ("Mr. Lake") applied for disability benefits under the Social Security Act. The Administrative Law Judge ("ALJ") determined that while Mr. Lake has a severe impairment, Mr. Lake also has the residual functional capacity to work, and is not entitled, therefore, to benefits. Mr. Lake seeks judicial review of that determination.
Summary judgment should be granted in favor of the defendant. The ALJ properly considered the evidence in the record before him.
Jurisdiction vests pursuant to 42 U.S.C. § 405(g). United States District Judge Brian Morris referred this case to the undersigned for the submission of proposed findings and recommendations on January 7, 2014. (Doc. 10.)
Social Security case
Mr. Lake seeks Disability Insurance Benefits under Title II of the Social Security Act, 42 U.S.C. §§ 401-434, and for Supplemental Security Income benefits under Title XVI of the Social Security Act, 42 U.S.C. §§ 1381-1383f.
Mr. Lake applied for benefits in April 2010. Tr. 13. He alleged that he had been disabled since May 23, 2009. Tr. 13. His application was denied initially in August 2010, and again upon reconsideration in December 2010. Tr. 13. At Mr. Lake's request, a hearing was held in March 2012. Tr. 13; tr. 27-86. The ALJ denied benefits on April 6, 2012. Tr. 10.
Mr. Lake appealed. In July 2013, the Appeals Council denied Mr. Lake's request for review, making the ALJ's April 2012, decision the final decision of the Commissioner. Tr. 1-3.
Mr. Lake appeals the ALJ's April 2012, decision. The parties have filed cross motions for summary judgment which are pending. (Docs. 12, 16.)