Helen M. Treadway v. Joseph A. Califano, Jr., as Secretary of Health, Education, and Welfare

Appellant sought disability insurance benefits under the Social Security Act ( 42 U.S.C. §§ 401 , et seq.). A hearing was held before an administrative law judge who denied the claim. His decision was approved by the Appeals Council and became the final decision of the Secretary. Cross-motions for summary judgment were filed, and the appellant filed a motion to remand. The district court denied the motion to remand and entered summary judgment for the Secretary.

Section 205(g) of the Act ( 42 U.S.C. § 405 (g)) provides in part:

There was substantial evidence to support the decision of the administrative law judge on the merits.

In support of the motion for remand, appellant urged that she had appeared without counsel; that Dr. Deen, a psychiatrist, whose report formed in part the basis for the administrative law judge’s findings, was not called for cross-examination; and that, subsequent to the denial of the claim, a further examination had been performed by another psychiatrist.

While the substantial evidence standard is used when the court passes upon the merits in a ruling on motion for summary judgment, a court may remand for good cause even though the record as made would…