David Kocher v. Carolyn W. Colvin
3:16-cv-00340
D. Nev.Dec 21, 2016Background
- Plaintiff David Kocher filed Title II (DIB) and Title XVI (SSI) applications in 2010; denials led to ALJ decision (Feb 2, 2012), Appeals Council remand, and a subsequent ALJ denial (Apr 10, 2013).
- Kocher sued the Commissioner over the 2010 Title II denial in 2014 (Case No. 3:14-cv-00608); the district court affirmed the Commissioner on Nov 9, 2015.
- Kocher filed new Title II and XVI applications on Nov 14, 2014; the Title II claim was denied at the initial level (Nov 21, 2014) and Kocher did not timely seek reconsideration or a hearing.
- The Title XVI (SSI) claim was later awarded (benefits effective December 2014), but Kocher then filed the instant suit (June 16, 2016) seeking Title II benefits dating back to 2009.
- The Commissioner moved to dismiss for lack of jurisdiction and failure to state a claim; plaintiff did not oppose. The magistrate judge recommends granting the motion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court has jurisdiction to review the 2014 Title II denial | Kocher challenges denial and seeks benefits back to 2009 | Commissioner: Kocher failed to exhaust administrative remedies for 2014 Title II claim and failed to timely appeal prior final judgment on 2010 claim | Court: No jurisdiction; 2014 Title II claim not administratively exhausted; dismissal recommended |
| Whether prior district-court affirmance precludes re-litigation of disability before Apr 10, 2013 | Kocher seeks benefits for pre‑Apr 2013 period | Commissioner: Prior district-court judgment is final and binding (res judicata) | Court: Preclusive effect bars relitigation of disability before Apr 10, 2013 |
| Whether SSI award can provide retroactive payments to 2009 | Kocher seeks SSI/DIB back to 2009 | Commissioner: SSI cannot be paid for months before the month after filing; backpay limited to after Nov 2014 filing | Court: SSI payable at earliest for December 2014; cannot recover benefits prior to that month |
Key Cases Cited
- Kildare v. Saenz, 325 F.3d 1078 (9th Cir. 2003) (finality requires presentation to Commissioner and exhaustion of administrative remedies)
- Johnson v. Shalala, 2 F.3d 918 (9th Cir. 1993) (administrative exhaustion required for judicial review)
- Califano v. Sanders, 430 U.S. 99 (1977) (administrative remedies must be exhausted before federal review)
- Taylor v. Sturgell, 553 U.S. 880 (2008) (res judicata doctrine bars relitigation of previously adjudicated matters)