Grim v. Social Security Administration
Filing
22
OPINION AND ORDER by Magistrate Judge Paul J Cleary reversing and, remanding case (terminates case) (kjp, Dpty Clk)
IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF OKLAHOMA
DAVID GRIM,
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Plaintiff,
v.
CAROLYN W. COLVIN,
Acting Commissioner of the
Social Security Administration,1
Defendant.
Case No. 12-CV-192-PJC
OPINION AND ORDER
Claimant, David Grim (“Grim”), pursuant to 42 U.S.C. § 405(g), requests judicial review
of the decision of the Commissioner of the Social Security Administration (“Commissioner”)
denying Grim’s application for disability benefits under the Social Security Act, 42 U.S.C. §§
401 et seq. In accordance with 28 U.S.C. § 636(c)(1) and (3), the parties have consented to
proceed before a United States Magistrate Judge. Any appeal of this order will be directly to the
Tenth Circuit Court of Appeals. Grim appeals the decision of the Administrative Law Judge
(“ALJ”) and asserts that the Commissioner erred because the ALJ incorrectly determined that
Grim was not disabled. For the reasons discussed below, the Court REVERSES AND
REMANDS the Commissioner’s decision.
1
Pursuant to Fed. R. Civ. P. 25(d)(1), Carolyn W. Colvin, the current Acting
Commissioner of the Social Security Administration, is substituted for Michael J. Astrue as
Defendant in this action. No further action need be taken to continue this suit by reason of the
last sentence of section 205(g) of the Social Security Act, 42 U.S.C. § 405(g).
Procedural History
On December 28, 2006, Grim protectively filed applications seeking disability insurance
benefits and supplemental security income benefits under Title II and Title XVI, 42 U.S.C. §§
401 et seq. (R. 140-50). The applications were denied initially and on reconsideration. (R.8491, 93-97). Two hearings before ALJ Charles Headrick were held August 26, 2008 and May 11,
2008, in Tulsa, Oklahoma. (R. 17-64). ALJ Headrick issued an unfavorable decision on June
29, 2009. (R. 6-16).
Grim appealed to this Court, and an Opinion and Order2 was entered June 9, 2011,
reversing and remanding the ALJ’s 2009 decision. (R. 447-64). On remand, a third hearing was
held, this time before ALJ Lantz McClain, on November 14, 2011. (R. 400-31). ALJ McClain
again issued an unfavorable decision dated February 1, 2012. (R. 383-99). The 2012 decision of
the ALJ after remand from the federal court is a final decision for purposes of this appeal. 20
C.F.R. §§ 404.984, 416.1484.
Review
Social security hearings are subject to procedural due process considerations. Yount v.
Barnhart, 416 F.3d 1233, 1235 (10th Cir. 2005); Allison v. Heckler, 711 F.2d 145, 147 (10th
Cir.1983) (citing Richardson v. Perales, 402 U.S. 389, 401-02, 91 S. Ct. 1420, 28 L. Ed. 2d 842
(1971)). The regulations of the Social Security Administration state that ALJs are to “conduct a
fair and impartial hearing.” 20 C.F.R. § 405.1(a).
2
Grim v. Astrue, Case No. 09-CV-677-TLW, Northern District of Oklahoma; Opinion
and Order by T. Lane Wilson, United States Magistrate Judge, dated June 9, 2011, Dkt. #27.
2
At the 2011 hearing, ALJ McClain made several statements that clearly indicated that he
believed he was obligated to issue a second unfavorable decision. (R. 404-10). ALJ McClain
stated that the 2011 Opinion and Order obligated him to make the same conclusion that Grim
was not disabled. Id.
The Court finds that the ALJ should not have interpreted the 2011 Opinion and Order as
ordering him to come to the same conclusion that Grim was not disabled. Instead, the ALJ was
ordered to give additional analysis to the opinion evidence in the case. (R. 463). The 2011
Opinion and Order did not state that Grim’s case was one in which “[n]o reasonable factfinder
could conclude otherwise” than a finding of nondisability. Fischer-Ross v. Barnhart, 431 F.3d
729, 735 (10th Cir. 2005). If the Court had made that finding in the 2011 Opinion and Order,
then the harmless error doctrine would have allowed the Court to affirm the ALJ’s 2009 decision.
The Court’s 2011 Opinion and Order was one for remand for further proceedings and not one for
a particular result. See Sissom v. Colvin, 2013 WL 765302 *6 (10th Cir.) (unpublished) (court
ordered that ALJ make adequate findings on remand, but did not dictate result).
Under these unusual circumstances, it is clear that Grim on remand did not receive the
fair and impartial hearing that is required by procedural due process and by the Social Security
Administration’s own regulations. Reversal is required here because the ALJ’s failure to conduct
a fair and impartial hearing on remand violated Grim’s procedural due process rights.
Because the procedural due process issue requires reversal, the undersigned does not
address the remaining contentions of Grim. On remand, the Commissioner should ensure that
any new decision sufficiently addresses all issues raised by Grim.
3
This Court takes no position on the merits of Grim’s disability claim, and “[no] particular
result” is ordered on remand. Thompson v. Sullivan, 987 F.2d 1482, 1492-93 (10th Cir. 1993).
This case is remanded only to assure that the correct legal standards are invoked in reaching a
decision based on the facts of the case. Angel v. Barnhart, 329 F.3d 1208, 1213-14 (10th Cir.
2003), citing Huston v. Bowen, 838 F.2d 1125, 1132 (10th Cir. 1988).
Conclusion
Based upon the foregoing, the Court REVERSES AND REMANDS the decision of the
Commissioner denying disability benefits to Claimant for further proceedings consistent with this
Order.
Dated this 7th day of June 2013.
4
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