Innerebner
Innerebner v. Barnhart
Opinion
Lead Opinion
MEMORANDUM **
The Commissioner of the Social Security Administration (“Commissioner”) has conceded that the Administrative Law Judge did not properly apply SSA regulations in determining whether Innerebner performed substantial gainful activity while employed at Albertson’s from 1993 to 1996. In particular, the Commissioner concedes that wages earned for hours during which Innerebner’s job coach himself performed Innerebner’s work should not have been considered in calculating substantial gainful activity.
In light of this and other possible errors by the Administrative Law Judge, the Commissioner has offered Innerebner all of the benefits that he would have received had the Administrative law Judge determined that “plaintiff Innerebner did not perform ‘substantial gainful activity’ and that he continues to qualify for Title II Social Security benefits pursuant to 42 U.S.C. §§ 402 and 423(d).” This offer was first articulated in a letter dated November 28, 2000, from Department of Justice attorney Mark Davies to Innerebner’s appellate counsel, Gerald A. McIntyre. The offer has been reiterated both in the Commissioner’s brief and in argument before this court.