Opinions of the United 2008 Decisions States Court of Appeals for the Third Circuit

2-28-2008

Christie v. Comm Social Security Precedential or Non-Precedential: Non-Precedential

Docket No. 06-4913

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Recommended Citation "Christie v. Comm Social Security" (2008). 2008 Decisions. Paper 1508. http://digitalcommons.law.villanova.edu/thirdcircuit_2008/1508

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UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _________

No. 06-4913 _________

JULENE CHRISTIE,

Appellant v.

COMMISSIONER OF SOCIAL SECURITY ADMINISTRATION, Michael J. Astrue*

On Appeal from the United States District Court for the District of New Jersey (D.C. Civ. No. 03-cv-02265) District Judge: Hon. Stanley R. Chesler

Argued on January 17, 2008

Before: SCIRICA, Chief Judge, BARRY and ROTH, Circuit Judges

(Opinion filed: February 28, 2008 )

*Jo Anne B. Barnhart’s term as Commissioner expired on January 19, 2007. Thomas D. Sutton, Esquire (ARGUED) James Valentin, Esquire Leventhal, Sutton & Gornstein 3600 Horizon Boulevard, Suite 150 Trevose, PA 19053

Counsel for Appellant

Barbara L. Spivak, Esquire, Of Counsel Chief Counsel - Region II Office of the General Counsel Social Security Administration 26 Federal Plaza New York, NY 10278

Arthur Swerdloff, Esquire (ARGUED) Special Assistant U.S. Attorney Peter G. O’Malley, Esquire Christopher J. Christie, Esquire United States Attorney Office of United States Attorney 970 Broad Street, Room 700 Newark, NJ 07102

Counsel for Appellee

OPINION

ROTH, Circuit Judge:

Julene Christie filed for disability benefits in 1995. The application was denied by an

Administrative Law Judge (ALJ) in 1998 for reasons that were later found to be erroneous.

A relevant regulation was modified by the Commissioner in 1999. After a delay, not caused

2 by Christie, her claim was heard again by an ALJ in 2002 and denied under the modified

regulation. Her appeal to the Appeals Council was denied. Christie then appealed to the

District Court. The District Court vacated the decision of the Commissioner and remanded

the case for further proceedings. Because under the unusual circumstances of this case, we

conclude that the regulation in effect when the claim was first adjudicated should control the

decision here, we will affirm the judgment of the District Court and remand this case for a

new hearing by an ALJ under the regulations as they existed at the time of Christie’s original

1998 adjudication.

3