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FREEMAN v. BARNHART

No. 01-1293.

274 F.3d 606 (2001)

Edward C. FREEMAN, Plaintiff, Appellee, v. Jo Anne B. BARNHART, Commissioner, Social Security Administration, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided December 27, 2001.

Attorney(s) appearing for the Case

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.

Daniel W. Emery for appellee.

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

LYNCH, Circuit Judge.

This case is one of a pair, both originating from the District of Maine and both presenting the same question to this court: when a federal court rules that a Social Security Administrative Law Judge ("ALJ") has erred, under what circumstances may the court remand the case to the Commissioner with instructions to pay benefits, rather than remand to the Commissioner for further proceedings? See Seavey...

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