United States First Circuit

When an Administrative Law Judge has erred at Step 5 of the disability determination process, the appropriate remedy is to remand to the Commissioner with instructions for further proceedings, rather than to issue an order that the applicant be paid the benefits sought.

Appellate Information

• Decided 12/27/2001
• Published 12/27/2001

Judges

• LYNCH, Circuit Judge., Before LYNCH, Circuit Judge, COFFIN, Senior Circuit Judge, and YOUNG, District Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Joseph E. Dunn, Assistant Regional Counsel, Social Security Administration, with whom Jay P. McCloskey, United States Attorney, James M. Moore, Assistant United States Attorney, and Robert J. Triba, Regional Chief Counsel, Social Security Administration, were on brief for appellant.


• For Appellees:
  
• Daniel W. Emery for appellee.