Candelaria v. Berryhill
- Jesse Furman
- 1:18-cv-11261
- U.S. District Court · Southern District of New York
- 1
In Candelaria v. Berryhill, Judge Furman denied the Commissioner’s motion, granted Candelaria’s motion on record development, and remanded the case.
Carl J. Candelaria and the Social Security Administration; the agency must conduct further proceedings after the court found that the administrative law judge failed to develop the record concerning Candelaria’s liver condition.
What happened
Candelaria v. Berryhill concerned whether the administrative law judge adequately developed the record about Candelaria’s liver condition. The court adopted the report and recommendation in full.
The court denied the Commissioner’s motion and granted Candelaria’s motion as to the administrative law judge’s failure to develop the record concerning the liver condition. It remanded the case to the Social Security Administration for further proceedings.
Judge Jesse Furman’s order also stated that an appeal would not be taken in good faith, denied permission to proceed without paying fees on appeal, and closed the case.
The detailed version
- Candelaria v. Berryhill · No. 1:18-cv-11261
- Jesse Furman
- Mar. 2, 2020
Background
The judgment states that the court adopted the report and recommendation in its entirety. The ruling addressed the administrative law judge’s failure to develop the record related to Carl J. Candelaria’s liver condition. The opinion text provided does not describe the underlying Social Security claim or the parties’ other arguments.
Rulings
The court denied the Commissioner’s motion. It granted Candelaria’s motion as to the administrative law judge’s failure to develop the record concerning Candelaria’s liver condition. The court remanded the case to the Social Security Administration for further proceedings.
Appeal and Case Status
The court certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith. It therefore denied permission to proceed without paying the required fees on appeal, and the case was closed.
Caption Note
The supplied case name is Candelaria v. Berryhill, while the judgment’s caption names Andrew M. Saul as the Commissioner of Social Security.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.