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)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TENNESSEE EASTERN DIVISION TENISHA PECK o/b/o A.M., a minor, ) ) ) ) ) ) ) ) ) ) Plaintiff, vs. COMMISSIONER OF SOCIAL SECURITY, Defendant. Case No: 1:14-cv-01252-STA-dkv ORDER REQUIRING FURTHER BRIEFING __ 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 1 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 2

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