Cruz v. Astrue

Filing 18

ORDER VACATING the remand, REVERSING the Commissioner's decision denying benefits, and REMANDING this case to the Commissioner pursuant to sentence four of 42 U.S.C. § 405(g) for an immediate award of benefits during the closed period commencing July 13, 2006, and ending June 30, 2009. Signed by Judge Frederick J Martone on 7/3/2012. (LFIG)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Maryann G. Cruz,
Plaintiff,

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vs.

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Michael J. Astrue,
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Defendant.
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No. CV-11-0077-PHX-FJM
ORDER

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Almost a year ago, on August 8, 2011, we granted the Commissioner’s motion to

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remand this case to the Social Security Administration to allow the Commissioner to

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supplement the administrative record (doc. 15). We ordered the Commissioner to file his

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modified findings and decision with this court no later than May 15, 2012. After that

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deadline passed without a word from the Commissioner, we issued an order requiring the

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Commissioner to either supplement the findings and record no later than June 15, 2012, or

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we would vacate the remand and reinstate the appeal. The Commissioner responded by

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saying only that a hearing on plaintiff’s claim is scheduled for September 6, 2012, giving no

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indication when the record or findings would be supplemented.

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We are well aware of the scandalous delay in the processing of social security cases

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by the Commissioner. In this case, the administrative law judge denied plaintiff’s application

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for benefits on October 23, 2008. It took the Appeals Council two years just to deny review

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of the ALJ’s decision. It is now almost two years since the Appeals Council denied review

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and the Commissioner continues to indefinitely delay a final decision on plaintiff’s

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application for benefits, now in contemptuous disregard of our orders.

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This case involves the denial of benefits during a closed period of disability

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commencing July 13, 2006, and ending June 30, 2009. In a separate application for benefits,

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plaintiff was found to be disabled as of July 1, 2009 and continuing.

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Because the Commissioner has failed to comply with our deadlines on remand, we

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now vacate the order remanding the case to the Commissioner.

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Commissioner’s request for remand and subsequent failure to comply with our orders a

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confession of error with regard to its decision denying benefits during the closed period.

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Accordingly, we reverse the decision of the Commissioner finding that plaintiff was not

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disabled and remand this case for an immediate award of benefits during the closed period.

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IT IS ORDERED VACATING the remand, REVERSING the Commissioner’s

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decision denying benefits, and REMANDING this case to the Commissioner pursuant to

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sentence four of 42 U.S.C. § 405(g) for an immediate award of benefits during the closed

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period commencing July 13, 2006, and ending June 30, 2009.

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DATED this 3rd day of July, 2012.

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We consider the