Shamsian
Shamsian v. Barnhart
Opinion
Lead Opinion
MEMORANDUM **
Haim Shamsian appeals from the. district court's decision to remand this case for further factual findings on the sole issue of his ability to perform other meaningful work in the economy. He asks this court to expand the scope of the district court’s remand order to permit an Administrative Law Judge (ALJ) to reconsider his credibility regarding the onset date for his alleged disability. Because the parties are familiar with the facts, we will not discuss them here.
The commissioner does not contest that portion of the district court’s decision which requires remand. On remand, after further questioning of the vocational expert and appropriate analysis, the ALJ may conclude that plaintiff is able to perform other work and that there is employment available for someone in his condition.
We note, however, that it could be appropriate for the ALJ to consider other issues as well. At oral argument appellee affirmatively represented that, on the present terms of the district court’s remand order, an ALJ may revisit de novo the issues that Shamsian wishes reconsidered. See 20 C.F.R. § 404.983 (“Any issues relating to [the] claim may be considered by the administrative…