TEIXEIRA v. COMMISSIONER OF SOCIAL SECURITY

Filing 15

OPINION. Signed by Judge William J. Martini on 1/21/15. (gh, )

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY

Civ. No. 2:13-07505 (WJM)

MARIA I. TEIXEIRA,
Plaintiff,

OPINION
v.
COMMISSIONER OF SOCIAL SECURITY,
Defendant.

WILLIAM J. MARTINI, U.S.D.J.:
Plaintiff Maria I. Teixeira brings this action pursuant to 42 U.S.C. § 405(g),
seeking review of a final determination by the Commissioner of Social Security (the
“Commissioner”) denying her application for a period of disability and Disability
Insurance Benefits (“DIB”). Plaintiff moves for immediate restoration of benefit
payments. In response, the Commissioner cross-moves for remand under Section 405(g).
Plaintiff applied for DIB on November 3, 2010. Her claim was denied initially on
March 15, 2011. Upon reconsideration on September 13, 2011, the Commissioner found
that Plaintiff was disabled as of March 15, 2011 and granted benefits. Plaintiff then
requested a hearing to challenge the established onset date, alleging that she was disabled
as of April 3, 2010. On July 17, 2012, Plaintiff testified at a hearing before
Administrative Law Judge Hilton R. Miller (the “ALJ”). On August 2, 2012, the ALJ
issued an unfavorable decision with legal inconsistencies. On the one hand, the decision
states that “[s]ince the claimant has already been found disabled as of March 15, 2011,
this decision addresses the period from April 3, 2010, the alleged onset date, through
March 14, 2011.” On the other hand, the decision contains a finding that “[t]he claimant
has not been under a disability . . . from April 3, 2010, through the date of this decision.”
On November 6, 2013, the Appeals Counsel denied Plaintiff’s request for review.
The Commissioner subsequently stopped Plaintiff’s benefit payments, taking the position
that the ALJ’s decision effectively reversed the reconsideration decision finding Plaintiff
disabled as of March 15, 2011. Plaintiff then filed the instant appeal.
Plaintiff contends that the ALJ did not intend to disturb the reconsideration decision,
which established an onset of disability of March 15, 2011, and argues that the Court should
order the Commissioner to immediately restore benefits. The Commissioner asks the Court
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to remand Plaintiff’s claim for further administrative proceedings under the fourth sentence
of Section 405(g).
Section 405(g) states that “[t]he court shall have power to enter, upon the pleadings
and transcript of the record, a judgment affirming, modifying, or reversing the decision of
the Commissioner of Social Security, with or without remanding the cause for a rehearing.”
The Court finds that the ALJ’s decision is unclear as to which time period the ALJ intended
to review. The Court will thus vacate the ALJ’s decision and remand this case to the
Commissioner for further administrative proceedings. The Court will decline to order the
immediate restoration of benefits, as no legal basis exists for entering such an order. See
Fitzgerald v. Callahan, No. 97-2508, 1997 WL 438483, at *3 (E.D. Pa. July 24, 1997).
The Court therefore DENIES Plaintiff’s motion for immediate restoration of
benefits and GRANTS the Commissioner’s cross-motion for remand. The
Commissioner’s decision is VACATED and REMANDED for reconsideration
consistent with this opinion. An appropriate order follows.

/s/ William J. Martini
WILLIAM J. MARTINI, U.S.D.J.

Date: January 21, 2015

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