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JERRY L. GAY, JR. v. THE STATE

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JERRY GAY V. COMMISSNER OF SOCIAL SECURY, NO. 12-1653 (6TH CIR. 2013)

Jerry Gay v. Commissner of Social Secury, No. 12-1653 (6th Cir. 2013) se opn om the U.S. Court of Appeals for the Sixth Circu * jerry gay guardia civil *

GAY, Platiff-Appellant, v.

Jerry Gay s first applitn for Social Secury benefs was nied by an Admistrative Law Judge (ALJ) 2007. Gay reapplied 2008 and troduced new evince supportg his claim. The issue we are asked to ci is whether, while evaluatg Gay s send applitn, the send ALJ reopened the first cisn.

BACKGROUND Jerry Gay jured his back the mid-1980s. 12-1653 Gay v. Gay first applied for Disabily Insurance Benefs and Supplemental Secury Ine on April 12, 2005, allegg an onset date of October 1, 2004.

JOSé PEDRO, EL CUERPO LA GUARDIA CIVIL: SER MISTER GAY, EL RETO MáS ATREVIDO L EXTREMEñO

Jerry Gay v. Commissner of Social Secur (0:12-cv-01653), Sixth Circu U.S. Court of Appeals, Filed: 05/25/2012 - PacerMonor Mobile Feral and Bankptcy Court PACER Dockets * jerry gay guardia civil *

His applitn was ially nied, and Gay requted a hearg. A hearg was held before ALJ Michael Wilenk, who nsired Gay s ttimony and reviewed medil rerds om three physicians.

ALJ Wilenk found Gay not entirely credible and nclud that Gay was pable of light work and uld perform his past relevant work as a janor or le stocker.

Therefore, ALJ Wilenk found that Gay was not disabled and nied his claim for benefs on October 12, 2007. Gay filed his send applitn on January 14, 2008, allegg an onset date of October 13, 2007 (the day after ALJ Wilenk s cisn). His send applitn was ially nied, and Gay aga requted a hearg, which was held before ALJ Timothy Sllen on January 8, 2010.

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Gay was reprented by a non-attorney reprentative. At the hearg, Gay amend his onset date to October 2, 2005 his 50th birthday. On the same day as the hearg, Gay s personal reprentative sent ALJ Sllen a letter requtg that he reopen ALJ Wilenk s 2007 cisn.

Gay s personal reprentative ntend that Gay uld satisfy both methods of showg good e. In nnectn wh his send applitn, Gay had submted more medil rerds om addnal doctors.

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Gay s reprentative poted particular to rerds om Gay s treatg physician that ntaed evince of Gay s rpiratory ailments and were not submted wh Gay s first applitn.

Addnally, Gay s reprentative argued that ALJ Wilenk s ncln that Gay uld perform his past work as a janor or a ok was clearly erroneo light of the medil opns om two of the doctors whose reports ALJ Wilenk discsed his cisn.

JERRY L. GAY, JR. V. THE STATE

ALJ Sllen never explicly led on Gay s requt to reopen. Later his opn, he stated that bee Gay had argued that the prr cisn did not take to acunt all of [Gay s] impairments cludg [Gay s] generative disc disease, asthma, COPD, and oby, and [Gay s] alleged limed bendg/twistg, his analysis would ntue[] wh nsiratn of all the diagnos sce the amend onset date of October 22, 2005.

He applied steps one through three and then turned to Gay s ridual functnal pacy.

After fdg Gay not entirely credible, ALJ Sllen addrsed the medil evince. He discsed the rerds om one of the doctors whose rerds ALJ Wilenk had examed and also discsed the addnal evince Gay had submted wh his send applitn.

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