HARDY
v.
COMMISSIONER OF SOCIAL SECURITY
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In this Social Security disability benefits case, the District Court granted the Commissioner's unopposed motion to reverse and remand for further administrative proceedings, directing the Appeals Council to instruct the ALJ to develop the record more thoroughly by incorporating prior medical evidence and comparing it with current evidence to determine whether there has been improvement in the claimant's impairments.
The court granted the Commissioner's unopposed motion and reversed and remanded the case to the Social Security Administration pursuant to 42 U.S.C. § 405(g), directing the Appeals Council to instruct the ALJ to further develop the record by adding evidence from the October 2012 CPD, comparing prior and current medical evidence, and documenting attempts to obtain evidence predating the CPD.
[1] A court may reverse and remand a Social Security Administration case for further administrative proceedings.
[2] Upon remand, an Administrative Law Judge may be instructed to further develop the record and compare prior and current medical evidence to determine symptom improvement.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Such a disposition is clearly within the Court's authority. See Shalala v. Schaefer, 509 U.S. 292 (1993).”
Establishes the legal basis for the court's authority to reverse and remand Social Security cases for further administrative proceedings.
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Join FLexlaw to unlock all legal intelligenceThis is a Social Security disability benefits case where the claimant sought review of an adverse administrative decision. The case involved medical e…
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This cause is before the Court on Defendant's Unopposed Motion for Entry of Judgment with Remand (Doc. No. 24; “Motion”), filed January 27, 2025, that seeks to have this matter reversed and remanded to the Social Security Administration for further administrative proceedings. Motion at 1. Such a disposition is clearly within the Court's authority. See Shalala v. Schaefer, 509 U.S. 292 (1993). Accordingly, it is
ORDERED:
1. Defendant's Unopposed Motion for Entry of Judgment with
Remand (Doc. No. 24) is GRANTED.
1 Michelle King became the Acting Commissioner of Social Security in January 2025. Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Ms. King is substituted for Carolyn W. Colvin as Defendant in this suit. No further action need be taken to continue this suit by reason of the last sentence of section 205(g) of the Social Security Act, 42 U.S.C. § 405(g).
2. The Clerk of Court is directed to enter judgment REVERSING AND REMANDING this case pursuant to sentence four of 42 U.S.C. § 405(g) with the following instructions:
On remand, the Appeals Council will instruct the ALJ to further develop the record and ensure that evidence considered at the October 2012 comparison point decision (CPD) is added to the current record. In so doing, compare the prior and current medical evidence to determine whether there has been improvement in the symptoms, signs or laboratory findings associated with the impairments present at the time of the claimant's most recent favorable medical decision. Further, the Appeals Council will direct the ALJ to exhibit the attempts to obtain evidence predating the
CPD.
3. The Clerk is further directed to close the file.
DONE AND ORDERED in Jacksonville, Florida on January 28, 2025.
ames
R. Klinht
JAMES R. KLINDT
United States Magistrate Judge
kaw Copies: Counsel of Record
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