Peggy Mayes v. Larry G. Massanari, Commissioner of Social Security
Opinion
Opinion
Mollway, J.
ORDER AND AMENDED OPINION
ORDER
The opinion filed on August 27, 2001, slip op. 11597, and reported at 262 F.3d 963 , is amended by adding a new footnote 3, at the end of the fourth sentence (first paragraph) of Part III.A, slip op. at 11610, 262 F.3d at 970 , as follows:
All subsequent footnotes are renumbered accordingly.
With the foregoing amendments, the petition for panel rehearing is denied.
OPINION
Peggy J. Mayes (“Mayes”) appeals the district court’s affirmance of a decision by an Administrative Law Judge (“ALJ”) that ended her disability insurance benefits under the Social Security Act. Mayes also appeals the district court’s refusal to remand the case to the ALJ in light of evidence obtained after the ALJ issued his decision.
The ALJ found that, although Mayes had numerous medical problems, she could not be deemed disabled if, as required by 42 U.S.C. § 423 (d)(2)(C) (Supp.2001), the ALJ disregarded her alcohol dependence. Mayes contends that, had the ALJ developed the record, he would have discovered her herniated discs, diagnosed after the hearing held by the ALJ (“ALJ Hearing”). The ALJ would then have found her disabled and therefore eligible to receive…