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Tran v. Social Security Administration

United States District Court, D. Colorado

December 28, 2018

NGOC KIM TRAN, Plaintiff,
v.
SOCIAL SECURITY ADMINISTRATION, [1] Defendant.

          ORDER VACATING DECISION OF SOCIAL SECURITY APPEALS COUNCIL

          WILLIAM J. MARTINEZ UNITED STATES DISTRICT JUDGE.

         This is a Social Security benefits appeal brought under 42 U.S.C. § 405(g). Plaintiff Ngoc Kim Tran (“Tran”) challenges the final decision of Defendant, the Social Security Administration (“Administration”), denying his application for supplemental security income. The denial was affirmed by an administrative law judge (“ALJ”), who ruled that Tran was not disabled within the meaning of the Social Security Act. The Social Security Appeals Council then denied review, and this appeal followed.

         For the reasons set forth below, the Appeals Council's decision is vacated and this case is remanded to the Administration for further proceedings consistent with this order.

         I. BACKGROUND

         Tran was born in Vietnam in 1973 and was 37 years old on the alleged onset date of February 1, 2011. (Administrative Record (“R.”) [ECF No. 12] at 106.) His highest level of educational achievement is an associate's degree. (R. at 65.) In the fifteen years preceding the alleged onset date, he worked as a plastic products hand finisher. (R. at 80, 113.)

         Tran applied for disability insurance benefits on December 29, 2014 (R. at 176), and for supplemental security income on January 23, 2015 (R. at 178). In his own words, he claimed the following disabilities:

primary severe Mental problem
demand me to do something and see thing is not there
hear thing is not there
cannot concentrate anything
cannot perform any duties
short term memory loss
Isolated myself in the room
cannot handle a noise
it is hard to get a long [sic] with ...

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