Kessell v. Heckler
Kessell v. Heckler
Opinion of the Court
ORDER
Presently pending before the Court is Plaintiff’s motion, filed December 26, 1985, under Rule 60(b), Federal Rules of Civil Procedure, for relief from a final order entered September 4, 1985.
Plaintiff now seeks relief, pursuant to Rules 60(b)(1) and (b)(6), Federal Rules of Civil Procedure, from the final order of September 4, 1985, in light of his motion for summary judgment and motion to remand. The Rule provides in pertinent part:
“On motion and upon such terms as are just, the court may relieve a party or his legal representative from a final judgment, order, or proceeding for the following reasons: (1) mistake, inadvertance, surprise, or excusable neglect; ... or (6) any other reason justifying relief from the operation of the judgment.”
Upon consideration, Plaintiff’s motion is denied and the Court makes the following findings in this regard. First, Plaintiff offers no explanation for the failure to submit the motion for summary judgment and supporting brief either within the time period set forth in the notice of the Clerk or for consideration by the Magistrate. Second, neither the motion for summary judgment nor the motion to remand identifies any specific objections to the Magistrate’s Report-Recommendation. Third, the motion for summary judgment and supporting brief, taken with the evidence of record, do not persuade the Court that the final decision of the Secretary is not supported by substantial evidence and, consequently, that the Magistrate’s findings are erroneous. Fourth, Plaintiff has not shown that a remand is warranted in this case. With respect to the period covered by the Secretary’s decision, the Court does not find that the Secretary’s decision might reasonably have been different had the additional evidence submitted by Plaintiff been before her when her decision was rendered. See King v. Califano, 599 F.2d 597 (4th Cir. 1979). To the contrary, the evidence tends to support the Secretary’s decision. Furthermore, to the extent it shows new medical developments and a deterioration in Plaintiff’s condition, the evidence is not relevant to the determination of disability through the date of the Secretary’s deci
Plaintiff’s motion is denied.
Reference
- Full Case Name
- Donnie C. KESSELL v. Margaret HECKLER, Secretary of Health and Human Services
- Status
- Published