Josephine Kemp v. Caspar W. Weinberger, Secretary of Health, Education and Welfare of the United States of America

MEMORANDUM DECISION

The action below was brought pursuant to Section 205(g) of the Social Security Act ( 42 U.S.C. § 405 (g)) to review a final determination of the Secretary of Health, Education and Welfare. The district court upheld the Secretary’s determination that claimant was not disabled and was, therefore, not entitled to disability insurance benefits. Claimant has appealed to this court, contending that the trial court erred in finding that the Secretary’s conclusion was supported by substantial evidence and in failing to find that the Secretary applied improper legal standards in evaluating the evidence presented. Claimant also argues on appeal that even if the previous administrative decision was correct in light of the evidence presented at the time, the district court erred in refusing to remand the case to be re-opened for the consideration of new evidence. Because we agree with claimant’s last contention, we find it unnecessary to decide whether the Secretary failed to apply proper legal standards or whether the final determination was supported by substantial evidence.

Claimant Kemp submitted new evidence to the district court which, she argues, required the case…