Bird v. Barryhill

Ct. of Appeals affirmed determination made by Commissioner to remand matter back to agency for further consideration of claimant’s application for Social Security disability insurance benefits. Moreover, Dist. Ct. could properly refuse claimant’s request for order directing agency to summarily award him benefits without need for further proceedings, even though claimant asserted that: (1) his migraine headaches, posttraumatic stress syndrome and other conditions precluded him from obtaining gainful employment; and (2) VA rendered assessment that claimant was 70 percent disabled and unemployable. Remand was required for new assessment, since record contained conflicting evidence on issue of disability, where one treating physician and one state-agency consultant believed that claimant was not disabled.