Smith v. Commissioner of Social Security
Opinion of the Court
ORDER
The plaintiff appeals the judgment affirming the denial of his application for
The record indicates that the plaintiff filed two applications for disability benefits based upon a back injury. He filed the first in August of 1993. After several years of administrative proceedings, the plaintiff sought judicial review in the Northern District of Ohio. In that case, No. 01-838 (N.D.Ohio), the magistrate concluded that the plaintiff was entitled to a period of disability benefits and remanded the matter to the agency for further proceedings to determine the plaintiffs continuing disability. Whole the first application was pending, the plaintiff had filed a second application for benefits, eventually resulting in these proceedings for judicial review. The magistrate in this case proceeded to the merits of the claim despite the pendency of administrative proceedings regarding the first application. The parties now stipulate that the instant case should be remanded for consolidation with the administrative proceedings in the first application.
Upon consideration, it is ORDERED that this matter is remanded to the district court for remand to the Commissioner of Social Security for consolidation with the plaintiffs first application. This order is fully dispositive of this appeal.
Reference
- Full Case Name
- John P. SMITH v. COMMISSIONER OF SOCIAL SECURITY, DefendantAppellee
- Status
- Published