Opinion
Civil No. 2:02 CV 00712 BSJ
May 30, 2003
ORDER TO REMAND
On May 20, 2003, after a hearing held at 10:30 a.m., it was determined that this case should be remanded to the Appeals Council with recommendation that the initial Administrative Law Judge who heard this case originally, be allowed to review his decision in light of the subsequent approval of benefits for a subsequent time frame beginning nearly six months after this initial denial.
In particular, the Administrative Law Judge is to review the new mental listings and their effect upon the claimant. At the time of the initial decision, the Mental listings were changed (effective September 20, 2000) to permit the finding of disability based upon a standard of the number of times of decompensation with three being significant and allowing disability solely upon the severity finding of four or more periods of deterioration. The Administrative Law Judge used a standard of "repeated" periods of deterioration.
IT IS HEREBY ORDERED, that the above captioned case be remanded back to the Administrative Law Judge of Social Security Administration for proceedings in accordance with this remand under sentence four of 42 U.S.C. § 405 (g).