Alvarez v. Secretary of Health and Human Services

OPINION

LUONGO, Chief Judge.

On May 17,1976, plaintiff, Jorge Alvarez, filed for Social Security Disability and Supplemental Security Income benefits under 42 U.S.C. §§ 423,1382c (1976). On July 13, 1979, an administrative law judge (ALJ) found that Alvarez was not entitled to disability benefits. The ALJ’s decision was affirmed by the appeals council. Plaintiff then filed suit in this court on September 24,1979. The case was referred to a magistrate and based on the magistrate’s Report and Recommendation, the case was remanded to the Secretary for further consideration because of the ALJ’s (1)…