Arthur RICE, Plaintiff-Appellant, v. Louis W. SULLIVAN, Secretary of Health and Human Services, Defendant-Appellee

Appellant, Arthur J. Rice, appeals the order of the district court which affirmed the Secretary of Health and Human Services’ (Secretary) final decision that Rice was not entitled to a period of disability or to disability insurance benefits.

On February 1, 1985, Rice filed an application for Title II disability insurance benefits. This application was denied on February 22, 1985, and again denied after reconsideration on April 3, 1985.

After a hearing, on August 13, 1985, the Administrative Law Judge (AU) issued a decision denying Rice’s disability claim on the ground that he could return to his past work as a probation counselor and was not under a disability. Rice requested review by the Appeals Council; the Appeals Council declined to grant review and the AU’s decision became the final order of the Secretary.

Rice filed a complaint in federal district court seeking judicial review of the Secretary’s final order. After Rice filed a brief in support of his petition for review, the Secretary moved to remand for the purpose of obtaining additional records from Rice’s treating physician, to update and clarify Rice’s medical status, and to conduct another hearing to obtain…