Opinion
No. 02-4103-SAC
April 21, 2003.
MEMORANDUM AND ORDER
The case comes before the court on the defendant Commissioner's motion to reverse and remand and for entry of final judgment. (Dk. 25). "After careful review of the administrative law judge's (ALJ) decision and Tenth Circuit law, Agency counsel requested the Appeals Council to accept remand voluntarily for further consideration of Plaintiff's claim." (Dk. 26, p. 1). The defendant further represents that upon receipt of this court's order reversing and remanding the case, the Appeals Council would remand the case to the ALJ with directions "to address all aspects of the opinion of Stanley I. Mintz, Ph.D., concerning Plaintiff's work related limitations," to "make further findings regarding Plaintiff's residual functional capacity finding, including findings that are consistent with the "B criteria" ratings such as moderate difficulties in maintaining social functioning," and, if necessary, to "obtain supplemental evidence from a vocational expert to address the impact of any additional limitations found compared to the previous findings." Id. at pp. 1-2.
The plaintiff objects that such an order would address only one of the two deficiencies with the ALJ's decision that he has argued on appeal. A remand to correct only one of the errors is a piecemeal approach that prejudices the plaintiff and ignores the merits of his other argument. The plaintiff asks for a remand for the immediate award of disability benefits, or in the alternative, for proceedings that address all of the plaintiff's claimed errors.
The court concurs with the defendant's request to have this case reversed and remanded for additional proceedings before the ALJ. These additional proceedings should address those matters outlined in the defendant's motion and summarized above. At this stage in the appeal, the court denies the plaintiff's request for an immediate award of benefits or for expanded proceedings on remand. If necessary, the court can decide both issues following the completion of the proceedings on remand. The plaintiff's asserted prejudice from this delay is offset by the agency's effort at bringing its decision into compliance with regulations and/or controlling precedent.
IT IS THEREFORE ORDERED that the defendant's motion to reverse and remand pursuant to sentence four of 42 U.S.C. § 405(g) (Dk. 25) is granted, and those additional administrative proceedings discussed above shall be conducted on remand;
IT IS FURTHER ORDERED that the clerk of the court shall enter judgment reversing the Commissioner's decision and remanding the case for additional administrative proceedings pursuant to sentence four of 42 U.S.C. § 405(g).