Coolbaugh v. Colvin

1 Citing case

  1. Saragino v. Colvin

    Civil Action No. 12-138-LPS-CJB (D. Del. Sep. 30, 2015)   Cited 1 times
    Finding that ALJ's decision to afford "little weight" to a treating physician's opinion that plaintiff was in constant, severe pain was error—despite "minimal" clinical findings—where the plaintiff's complaints were "consistent throughout the entire record and [were] consistent with [plaintiff's] diagnoses."

    The appropriate remedy in such a circumstance is not a remand of the original claim to the ALJ, but instead is the filing of a new claim for benefits by the claimant. See, e.g., Matthias, 2015 WL 1191281, at *13 & n.11; Coolbaugh v. Colvin, Civil Action No. 3:12-CV-1889, 2014 WL 4536529, at *16 (M.D. Pa. Sept. 11, 2014). Because Saragino has not met her burden to demonstrate that the new evidence is material, the Court recommends denial of Saragino's request for remand pursuant to sentence six of 42 U.S.C § 405(g).