Contempt and Summary Judgment Motion Denied

Listen to this article

7^th Circuit Court of Appeals

Case Name: Jamie Cosenza v. Nancy Berryhill

Case No.: 17-1081

Officials: KANNE, and SYKES, Circuit Judges.

Focus: Contempt and Summary Judgment Motion Denied

On appeal Cosenza first insists that the Commissioner violated the remand order by repeating the same analytical errors that were the basis of the district court’s remand and that the Commissioner therefore should be held in contempt. But, as the court explained, the ALJ had not issued an unfavorable decision at the time Cosenza filed her contempt motion. And anyway Cosenza’s challenges to the analysis in the ALJ’s decision amounted to a request for judicial review, for which she must follow the procedures outlined in the statute and regulations and wait for a final decision from the agency. See § 405(g); 20 C.F.R. § 416.1484(a). Because the Commissioner did not violate any direct command of the remand order, the district court did not err in denying Cosenza’s contempt motion.

Cosenza next challenges the court’s decision to strike her summary-judgment motion on jurisdictional grounds. She contends that summary judgment in her favor is warranted because the ALJ on remand failed to fix the errors that the district court had identified in its remand order. But as the district court explained, a district court lacks jurisdiction under the Social Security Act to review an ALJ’s unfavorable decision until the agency’s decision is final. § 405(g). The agency’s decision is not yet final because the Appeals Council has not yet decided whether to take up review of the ALJ’s decision. See 20 C.F.R. § 416.1484(b). According to an affidavit submitted by an official in the Social Security Administration’s Office of Appellate Operations, the Appeals Council will not process Cosenza’s agency appeal until the current civil action is dismissed. Once the agency issues a final decision, Cosenza may pursue judicial review by filing a new complaint in the district court.

Affirmed

Full Text

Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.