Freeman v. Massanari

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 Com missioner for further proceedings? See Seavey v. Barnhart, 276 F.3d 1 (1st Cir.2001). We vacate the district court’s order to pay benefits and, applying the principle articulated in Seavey, hold that, in this instance,…