Strauss

Plaintiff Robert W. Strauss seeks social security disability benefits, which the Commissioner of Social Security (“Commissioner”) ultimately denied after two hearings. The district court held that, in rendering his second decision, the administrative law judge (“ALJ”) had failed to comply with express directives in remand orders from the court and from the Social Security Administration’s Appeals Council (“Appeals Council”) and, for that reason, remanded for payment of benefits. We reverse and remand to the district court to consider whether the evidence establishes that Plaintiff is disabled, because the court is without authority to order payment of benefits absent a finding of disability.

BACKGROUND

Plaintiff filed for disability benefits on December 23, 2003. He claimed that he had become disabled on October 31, 2001, as a result of left-knee chronic neuropathic pain, hypertension, and depression. His application was denied initially and upon reconsideration, and he requested a hearing before an ALJ.

An ALJ conducted a hearing at which he received testimony from Plaintiff, Plaintiffs wife, their son and daughter, and a vocational expert. The ALJ issued a decision…