Alfred MIMMS, Plaintiff-Appellant, v. Margaret M. HECKLER, Secretary of the Department of Health and Human Services, Defendant-Appellee

CLARIE, District Judge.

Alfred Mimms appeals from the judgment of the United States District Court for the Southern District of New York, Gagliardi, J., upholding the denial by the Secretary of Health and Human Services of Mimms’ application for disability benefits under Title II of the Social Security Act, 42 U.S.C. §§ 401-31. Having found that the Administrative Law Judge failed to adequately develop the record and that the Secretary failed to establish the existence of substantial gainful employment which the claimant is capable of performing, we remand this matter to the Administrative Law…