Social Security Benefits

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7^th Circuit Court of Appeals

Case Name: Erik S. Israel v. Carolyn W. Colvin

Case No.: 15-3220

Officials: FLAUM, ROVNER, and SYKES, Circuit Judges.

Focus: Social Security Benefits

Erik Israel applied for Social Security disability benefits in 2007, and diligently pursued his claim through administrative review. After many years of review, error and delay, the Acting Commissioner of the Social Security Administration (hereafter “Commissioner” or “Agency”) issued a final decision denying his claim. Israel filed suit in the district court to challenge that decision. The Commissioner conceded in the district court that her decision was not supported by substantial evidence and requested remand to conduct additional proceedings. Israel, frustrated with years of delay, sought a direct award of benefits. The district court remanded the case to the Agency for additional proceedings because the record, as it stands, does not compel a finding of disability. Israel v. Colvin, No. 14‐CV‐1155, slip op. at 6‐7 (E.D. Wisc. Aug. 28, 2015). Because the district court did not abuse its discretion in ordering a remand, we affirm. On remand, the Agency should expedite proceedings so that the matter may be resolved once and for all.

Affirmed

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