Stewart v. Astrue

In this case, the Commissioner of Social Security appeals from the sua sponte order of the United States District Court for the District of Massachusetts directing the Commissioner to reopen an application for disability benefits that claimant William Stewart allegedly had filed in 1988. See Stewart v. Astrue, 532 F.Supp.2d 243 (D.Mass.2008). However, because (1) there is a legitimate question whether such an application, in fact, ever was filed and (2) this question goes to the subject matter jurisdiction of the district court, we think that the remand order was premature. Familiarity with…