DALE A. DROZD, Magistrate Judge.
This social security action was submitted to the court without oral argument for ruling on plaintiff's request for voluntary remand and defendant's motion for summary judgment. For the reasons explained below, plaintiff's request for voluntary remand is denied, defendant's motion for summary judgment is granted, and the decision of the Commissioner of Social Security (Commissioner) is affirmed.
On February 3, 2009, plaintiff filed an application for Widow's Insurance Benefits pursuant to Title II of the Social Security Act ("the Act"), alleging disability beginning on April 30, 2003. (Transcript ("Tr.") at 158-59.) Plaintiff's application was denied initially, (
In a decision issued on April 25, 2011, the ALJ found that plaintiff was disabled as of February 1, 2009. (
On June 28, 2012, the Appeals Council denied plaintiff's request for review of the ALJ's April 25, 2011 decision. (
The only issued raised by plaintiff's request for voluntary remand (Dkt. No. 18), and amended request for voluntary remand (Dkt. No. 20), is whether this case should be remanded for further administrative consideration of "new evidence outside the evidentiary record." (Pl.'s Mot. Rem. (Dkt. No. 18) at 1.
The administrative record, however, contains an April 19, 2011 letter from attorney Jesse Kaplan, who was at that time plaintiff's counsel of record, directed to the ALJ in which attorney Kaplan wrote, "I explained to [plaintiff] that her alleged disability onset date is too early to do her any good and before the prescribed widow's period," and that plaintiff had, therefore, "authorized [him] to amend her alleged onset date to 2/1/09." (Tr. at 246.) Although plaintiff now argues that she "never amended the Claim nor did she ever authorize her attorney to amended the Claim," she has provided nothing that would dispute the authenticity of, or statements found in, the April 19, 2011 letter received from her then counsel of record.
With respect to plaintiff's purported new evidence, a case may be remanded to the agency for the consideration of new evidence if that evidence is material and good cause exists for the absence of the evidence from the prior record.
Here, the new evidence plaintiff seeks to have considered by the Commissioner consists of two letters, dated June 29, 2011 and February 3, 2014 respectively, from Dr. Donna Cashdan, D.O. (Pl.'s Mot. Rem. (Dkt. No. 18) at 3-4.) Despite the fact that Dr. Cashdan states that she was plaintiff's "primary care physician as of February 24, 2009," (
Nonetheless, as pointed out by the Commissioner's motion, Dr. Cashdan's June 29, 2011 letter was in fact considered by the Appeals Council, is part of the administrative record and cannot be considered new evidence. (Tr. at 1118.) Moreover, Dr. Cashdan states in that letter that she "can't attest to any medical information on [plaintiff] prior to her coming to [Dr. Cashdan's] office in 2009," (
A review of Dr. Cashdan's February 3, 2014 letter reveals no reason to believe that had the Commissioner considered that letter the ALJ's decision might have been different. In this regard, Dr. Cashdan's February 3, 2014 letter merely states that she "was never contacted by [plaintiff's] former Social Security attorney, Jesse Kaplan, for a medical opinion about the onset of her disabilities," and that it was Dr. Cashdan's opinion that plaintiff's retroactive compensation "should be back to prior to her husband's death in January, 2007." (Pl.'s Mot. Rem. (Dkt. No. 18) at 4.) However, Dr. Cashdan offers absolutely no medical support for that conclusion. Even assuming arguendo that Dr. Cashdan's assertions are true, they in no way provide any medical evidence of plaintiff's condition prior to February 1, 2009, nor do they change the fact that plaintiff voluntarily amended her alleged onset date to February 1, 2009.
For the reasons stated above, IT IS HEREBY ORDERED that:
1. Plaintiff's request for voluntary remand (Dkt. No. 18) and amended request for voluntary remand (Dkt. No. 20) are denied;
2. Defendant's motion for summary judgment (Dkt. No. 19) is granted; and
3. The decision of the Commissioner of Social Security is affirmed.