James T. Loughner v. Social Security Administration

Pittsburgh, Pennsylvania social security disability lawyer represented Plaintiff seeking review of the denial of his application for Social Security: DIWC/DIWW benefits by HHS.





Plaintiff protectively filed applications for disability insurance benefits ("DIB”) pursuant to Title II of the Social Security Act ("Act”), 42 U.S.C. § 401 et seq., and supplemental security income ("SSI”) pursuant to Title XVI of the Act, 42 U.S.C. § 1381 et seq., on May 24, 2019. (R. 15). Plaintiff sought a hearing after his applications were initially denied and appeared telephonically for a hearing before an Administrative Law Judge ("ALJ”) on January 15, 2021.

(Id.). On March 17, 2021, the ALJ found Plaintiff to be not disabled and denied his DIB and SSI applications. (R. 25-26). Plaintiff sought review before the Appeals Council. (R. 1). Upon the Appeals Council's denial of Plaintiff's request for review, the ALJ's decision became the final, reviewable decision in this matter. 20 C.F.R. §§ 404.981, 416.1481. Plaintiff has challenged the decision before the Court and has asked the Court to remand this matter for further administrative proceedings.

Based on the foregoing, the Court cannot find that the ALJ's decision is supported by substantial evidence. The Court does not suggest remand will necessarily lead to a different outcome. Bryan S. v. Kijakazi, No. 3:20-CV-11145, 2022 WL 2916072, at *8 (D.N.J. July 25, 2022) (“[R]emand of the matter for further consideration is appropriate even if, upon further examination of these issues, the ALJ again concludes that Plaintiff is [not] entitled to benefits.”). But the lack of adequate consideration of relevant evidence in Plaintiff's record requires remand. Accordingly, the Court remands this matter to the Acting Commissioner for proceedings consistent with the Order.