Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Brown v. Berryhill

United States District Court, E.D. Michigan, Southern Division

November 30, 2017

Donald Brown, OBO Douglas N. Brown, Plaintiff,
v.
Nancy A. Berryhill, Defendant.

          ELIZABETH A. STAFFORD UNITED STATES MAGISTRATE JUDGE

          ORDER ACCEPTEDING AND ADOPTING REPORT AND RECOMMENDTION [#10] DISMISSING PLAINTIFF'S COMPLAINT FOR LACK OF STANDING.

          HON. GERSHWIN A. DRAIN United States District Court Judge.

         I. Introduction

         This matter is before the Court on Plaintiff's complaint challenging Defendant's denial of Social Security Disability benefits (DIB) to Plaintiff's deceased son, Mr. Douglas Brown. Mr. Douglas Brown applied for DIB on March 28, 2014. Dkt. No. 1, pg. 2 (Pg. ID 2). The Social Security Commissioner denied the benefits on November 24, 2014. Id. On May 4, 2016, Plaintiff had an administrative hearing before an Administrative Law Judge (ALJ). Id. The ALJ denied Plaintiff's request for DIB on June 29, 2016. Id. On April 5, 2017, the Appeals Council denied Plaintiff's request for review of the ALJ decision. Id. On May 17, 2017, Plaintiff filed a complaint on behalf of his son, Douglas Brown, for judicial review of the Commissioner's decision to deny DIB. Dkt. No. 1. On June 23, 2017, Magistrate Judge Elizabeth A. Stafford ordered Plaintiff to Show Cause why this action should not be dismissed for lack of standing. Dkt. No. 8. Plaintiff responded on July 13, 2017. Dkt. No. 9. Magistrate Judge Stafford issued a Report and Recommendation on September 13, 2017, recommending that this Court dismiss Plaintiff's complaint for lack of standing. Dkt. No. 10. Plaintiff filed an objection on September 26, 2017. Dkt. No. 11. For the reasons discussed below, the Court accepts and adopts the Magistrate Judge's recommendation and concludes that Plaintiff lacks standing to bring this claim.

         II. Analysis

         This Court employs “a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made.” 28 U.S.C. § 636 (b)(1)(C). This Court “may accept, reject or modify, in whole or in part, the findings or recommendations made by the magistrate judge.” Id.

         Objection One

         Plaintiff first objects to Magistrate Judge Stafford's conclusion that he failed to bring evidence sufficient to support a finding that the deceased has no living children. Dkt. No. 11, pg. 2 (Pg. ID 47). Plaintiff argues that affirmatively proving someone does not have children is “impossible.” Id. Plaintiff contends that he brought sufficient evidence because the record is devoid of any references to children of the deceased. Id.

         The party invoking federal jurisdiction bears the burden of establishing the elements of standing. Cob Clearinghouse Corp. v. Aetna U.S. Healthcare, Inc., 362 F.3d 877, 881 (6th Cir. 2004). “Standing cannot be inferred from averments in the pleadings; rather, it must affirmatively appear in the record from sufficient factual matter in the complaint so as to state a claim to relief that is plausible on its face. Glenn v. Holder, 690 F.3d 417, 420 (6th Cir. 2012) (quoting White v. U.S., 601 F.3d 545, 551-52 (2010) (internal quotation marks omitted)).

         A deceased claimant's benefits may be paid as follows:

1) To the spouse of the claimant if (a) living in the same household at the time of death, or (b) entitled to a monthly benefit on the same earnings record as the claimant for the month of death.
2) To the children of the claimant entitled to monthly benefits on the same earnings record as the claimant for the month of death. (If there is more than one entitled child, payment is made in equal parts to each child.)
3) To the parent or parents of the claimant entitled to monthly benefits on the same earnings record as the claimant for the month of death. (If there is more than one entitled parent, ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.