Rosalie Bunnell v. Jo Anne B. Barnhart, Commissioner of the Social Security Administration

This is a Social Security case. Rosalie Bunnell appeals from the district court, which remanded the case for a further administrative hearing. She brings two issues on appeal: (1) whether the district court erred in its finding that Administrative Law Judge Bennett S. Engelman need not recuse himself due to bias and the “appearance of impropriety,” and (2) whether the district court abused its discretion in remanding the case for further proceedings rather than issuing her an award of benefits.

Background

Ms. Bunnell originally filed an application for disability benefits in 1989. That application was denied both upon initial review and upon reconsideration and is not subject to review here. On September 22, 1993, Ms. Bunnell filed a second application for disability benefits, which alleged disability since December 7,1991.

Administrative Law Judge Engelman held a hearing on December 16, 1996, at which four witnesses testified: Ms. Bun-nell, her husband, and her two sisters. The administrative law judge issued a decision on January 10, 1997, finding that Ms. Bunnell was not disabled and was not entitled to disability insurance because she could perform her past relevant work as…