Wallace v. Social Security Administration, Commissioner

Filing 14

MEMORANDUM OPINION AND ORDER For the reasons as stated within, plaintiff's motion to supplement the record (Doc. 11) is DENIED. Plaintiff is reminded that her argument in support of disability benefits, if she chooses to fileone, must be submitt ed by November 23, 2015, unless she requests and obtains an extension of time. If she chooses not to file a brief, defendant shall treat plaintiff's earlier filed Statement in Support of Award of Disability Benefits (Doc. 8) as a brief and respond accordingly by December 23, 2015. Signed by Judge William M Acker, Jr on 11/20/15. (SAC ) **Order placed in first class mail to pro se Plaintiff.

FILED
2015 Nov-20 PM 02:07
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION
ANGELA WALLACE,
Plaintiff,
v.
CAROLYN W. COLVIN, Acting
Commissioner of Social
Security Administration,
Defendant.

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CIVIL ACTION NO.
4:15-cv-785-WMA

MEMORANDUM OPINION AND ORDER
Before the court is a motion to supplement the record (Doc.
11) filed by plaintiff. In the motion, plaintiff asks that the
record be supplemented with two documents: (1) two pages of the
transcript of plaintiff’s hearing before the ALJ in this case and
(2) findings of a physician based on plaintiff’s visit on October
21, 2015.
The transcript pages that plaintiff wishes to include are
already contained in the record (Doc. 9-3 at 85-86, physically
marked as 84-85), so there is no need to supplement the record with
those pages. Plaintiff’s new medical record is from a time period
well beyond the decisions of the ALJ and Appeals Council in this
case, which occurred on October 23, 2013, and March 8, 2015,
respectively. Unless plaintiff requests and obtains a remand of the
matter pursuant to sentence six of 42 U.S.C. § 405(g), the court’s
review is limited to evidence that was presented to the ALJ or the
Appeals Council. See Ingram v. Comm’r, 496 F.3d 1253, 1268 (11th

Cir. 2007). Because plaintiff has not requested a sentence six
remand, the

medical

record

is

irrelevant

to

this

action,

so

supplementation is unwarranted.
In light of the foregoing, plaintiff’s motion to supplement
the record (Doc. 11) is DENIED. Plaintiff is reminded that her
argument in support of disability benefits, if she chooses to file
one, must be submitted by November 23, 2015, unless she requests
and obtains an extension of time. If she chooses not to file a
brief, defendant shall treat plaintiff’s earlier filed Statement in
Support of Award of Disability Benefits (Doc. 8) as a brief and
respond accordingly by December 23, 2015.
DONE this 20th day of November, 2015.

_____________________________
WILLIAM M. ACKER, JR.
UNITED STATES DISTRICT JUDGE