Peck v. Commissioner of Social Security

Filing 18

ORDER REQUIRING FURTHER BRIEFING. Signed by Chief Judge S. Thomas Anderson on 8/31/17. (Anderson, S. Thomas)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
EASTERN DIVISION
TENISHA PECK o/b/o A.M., a minor,

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Plaintiff,
vs.
COMMISSIONER OF
SOCIAL SECURITY,
Defendant.

Case No: 1:14-cv-01252-STA-dkv

ORDER REQUIRING FURTHER BRIEFING
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Plaintiff Tenisha Peck, as mother of A.M, a minor, filed this action to obtain judicial
review of Defendant Commissioner’s final decision denying the application of A.M. for
childhood Supplemental Security Income (“SSI”) benefits under Title XVI of the Social Security
Act (“Act”). In her brief, Plaintiff contends that the ALJ erred in applying Drummond v.
Comm’r of Social Sec., 126 F.3d 837 (6th Cir. 1997), AR 98-4(6), and Dennard v. Sec.of Health
& Human Servs, 907 F.2d 1990), AR 98-3(6) on the grounds that (1) they do not apply in
childhood SSI cases and (2) the decision as to A.M.’s first application had not become final at
the time of the second ALJ decision. (Pl’s Br., p. 11, ECF No. 12.) The Commissioner’s brief
does not appear to address these arguments.
The Commissioner is hereby ORDERED to supplement her brief within ten (10) days of
this order as to Plaintiff’s arguments that Drummond, Dennard, AR 98-4(6), and AR 98-3(6) do
not apply to applications for childhood SSI and that the decision denying A.M.’s first application

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was not final at the time of the second ALJ decision and whether the ALJ erred in applying
Drummond and Dennard to the facts of this case.
IT IS SO ORDERED.
s/ S. Thomas Anderson
S. THOMAS ANDERSON
CHIEF UNITED STATES DISTRICT JUDGE
Date: August 31, 2017

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