White v. Commissioner of Social Security ( 2019 )

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON SHARON WHITE, Plaintiff, Case No. 3:19-cv-212 vs. COMMISSIONER OF SOCIAL SECURITY, District Judge Thomas M. Rose Magistrate Judge Michael J. Newman Defendant. ______________________________________________________________________________ ORDER AND ENTRY DENYING PRO SE PLAINTIFF’S MOTION FOR TRIAL BY JURY (DOC. 9) ______________________________________________________________________________ This civil case is before the Court on pro se Plaintiff’s motion requesting that this case be tried by a jury. No right to a jury trial exists in Social Security disability appeals. Parker v. Astrue, 298 F. App’x 701, 702 (10th Cir. 2008) (“Congress did not clearly provide a right to a jury trial when it established a cause of action for review of a denial of social security benefits”); Ginter v. Sec’y of the Dep’t of Health, Ed. & Welfare, 621 F.2d 313, 313 (8th Cir. 1980) (“The district court has a limited role under section 205(g) of the Social Security Act, 42 U.S.C. § 405(g) . . . to reviewing the administrative record to determine whether there is substantial evidence to support the findings of the Secretary”). Accordingly, Plaintiff’s motion (doc. 9) is DENIED. IT IS SO ORDERED. Date: November 27, 2019 s/ Michael J. Newman Michael J. Newman United States Magistrate Judge