Strauss v. Berryhill

Filing 25

ORDER - IT IS HEREBY ORDERED that the motion of the Commissioner to Remand 16 is granted; The Report and Recommendation of Magistrate Judge Mehalchick 22 is adopted in part and rejected in part; the decision of the Commissioner is vacated and remanded; final judgment is entered in favor of Plaintiff and against Defendant; Clerk directed to close the case. Signed by Honorable Matthew W. Brann on 7/12/18 (lg)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
No. 4:17-CV-1098

BRYAN DAVID STRAUSS,

(Judge Brann)

Plaintiff,
v.
NANCY A. BERRYHILL,
Acting Commissioner of Social Security,

(Magistrate Judge Mehalchick)

Defendant.

ORDER
JULY 12, 2018
BACKGROUND:
Plaintiff filed a complaint in this Court on June 21, 2017, after being denied
supplemental security income and disability insurance benefits.1 On March 3,
2018, the Commissioner moved for a remand of the matter, to include final
judgment in this action, for the Administrative Law Judge to further evaluate
whether the Plaintiff’s alcohol abuse was material to the finding of no disability. 2
The Magistrate Judge, to whom this matter was jointly assigned, issued a
report and recommendation on May 3, 2018, recommending that this Court take

1

ECF No. 1.

2

ECF No. 16

the extraordinary approach of reversing the decision of the Commissioner and
award benefits. I respectfully disagree with this recommendation.
The District Court can award benefits only when the administrative record of
the case has been fully developed and when substantial evidence on the record as a
whole indicates that the plaintiff is disabled and entitled to benefits.3 Here, the
Plaintiff acknowledges that the Administrative Law Judge did not fully develop the
record, stating “in this case, the ALJ never mentioned SSR 13-2p [Evaluating
Cases Involving Drug Addiction and Alcoholism] at all, and failed to follow its
requirements.”4
Accordingly, the report and recommendation will be adopted in part; I will
reverse the decision of the Commissioner, but without an immediate award of
benefits. The Commissioner is granted the opportunity for a rehearing, pursuant to
sentence four of 42 U.S.C. § 405(g).
AND NOW, IT IS HEREBY ORDERED that:
1.

The Motion of the Commissioner of Social Security, March 7, 2018,
ECF No. 16, to Remand the matter is GRANTED.

3

See Gilliland v. Heckler, 786 F.2d 178 (3d Cir. 1986); Tennant v. Schweiker, 682 F.2d 707,
710 (8th Cir. 1982).

4

ECF No. 24 at 2.

-2-

2.

The Report and Recommendation of Magistrate Judge Karoline
Mehalchick, May 3, 2018, ECF No. 22, is ADOPTED in part and
REJECTED in part.

3.

The decision of the Commissioner of Social Security is VACATED
and REMANDED.

4.

Final Judgment is entered in favor of Plaintiff and against Defendant
pursuant to Fed. R. Civ. P. 58 and sentence four of 42 U.S.C. §
405(g).

5.

The clerk is directed to close the case file.
BY THE COURT:

s/ Matthew W. Brann
Matthew W. Brann
United States District Judge

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