Hale v. Astrue

Filing 12

ORDER denying 8 motion to remand; granting 9 motion for extension of Social Security deadlines. New deadline: Plaintiffs social security brief due by 6/3/2011. Signed on 5/2/11 by Magistrate Judge John T. Maughmer. (Alexander, Pam)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF MISSOURI
WESTERN DIVISION

Dennis Dean Hale,

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) Case No. 10-3059-CV-SW-JTM
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Plaintiff,
V.
Michael J. Astrue,
Defendant.

ORDER
In a departure from the normal procedure in review of Social Security decisions in the
Western District of Missouri, before filing his brief in support of his appeal, plaintiff filed his
Motion to Remand for Consideration Of Additional Medical Evidence and Incorporated Brief,
[Doc 8]. However, as set forth in the Defendant’s Response To Plaintiff’s Motion To Remand
For Consideration of Additional Medical Evidence And Incorporated Brief, [Doc. 11] plaintiff’s
purported additional medical evidence is outside of the time period at issue in this appeal, and is
from at least six months after the date of the ALJ’s decision in this case which found that
plaintiff was not entitled to disability benefits as of July 31, 2009. New evidence sufficient to
justify a remand for additional finding must necessarily pertain to the same time period for which
benefits were initially sought, rather than a later deterioration of a previously non-disabling
condition after the date of the Commissioner’s final decision. Jones v. Callahan, 122 F.3d 1148,
1154 (8th Cir. 1997); Thomas v. Sullivan, 928 F.2d 255, 260-61 (8th Cir. 1991); Sullins v.
Shalala, 25 F.3d 601, 604-05 (8th Cir. 1994).

Accordingly, it is
ORDERED that plaintiff’s Motion to Remand for Consideration Of Additional Medical
Evidence and Incorporated Brief, [Doc 8] is DENIED. It is further
ORDERED that Plaintiff’s Motion For Extension Of Time, filed April 12, 2011[Doc. 9]
is GRANTED. Accordingly, plaintiff shall have up to and including June 3, 3011 in which to
file his appeal brief.

/s/ John T. Maughmer

JOHN T. MAUGHMER
U. S. MAGISTRATE JUDGE

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