Wallace v. Colvin

193 F. Supp. 3d 939, 2016 U.S. Dist. LEXIS 82753, 2016 WL 3476702
CourtDistrict Court, N.D. Illinois
DecidedJune 27, 2016
DocketNo. 14 CV 50359
StatusPublished
Cited by28 cases

This text of 193 F. Supp. 3d 939 (Wallace v. Colvin) is published on Counsel Stack Legal Research, covering District Court, N.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wallace v. Colvin, 193 F. Supp. 3d 939, 2016 U.S. Dist. LEXIS 82753, 2016 WL 3476702 (N.D. Ill. 2016).

Opinion

MEMORANDUM OPINION AND ORDER

Iain D. Johnston, United States Magistrate Judge

Allegedly, Albert Einstein said that the definition of insanity is doing the same thing over and over again and expecting a different result. Regardless of whether Einstein truly made this observation, this appeal is evidence that, at times, Social Security proceedings border on madness. This is one of those cases. This case involves a complete failure by a federal agency to follow a court order, which specifically found that the agency had failed to follow its own regulations. Apparently, the agency believed that doing the same thing would produce a different result in a subsequent appeal. The agency was wrong.

When the Court enters judgments and remands cases back to the Social Security Administration (Administration), it fully and reasonably expects the Administration will comply with the Court’s orders. There exist at least three reasons for this expectation. First, Court orders, after all,' are not merely musings and suggestions. McCann v. Cullman, No. 11 CV 50125, 2015 WL 4254226, at *1, 2015 U.S. Dist. LEXIS 91362, at *5 (N.D.Ill. July 14, 2015). Instead, court orders are binding judicial decisions that must be followed. Id. Second, according to the Administration’s own operating procedures, court remand orders are transmitted to and disseminated throughout the relevant portions of the Administration. HALLEX I-4-3-1. Indeed, the Administrative Law Judge (ALJ) in this case was fully aware of Magistrate Judge Efim’s 26-page order previously entered in this case. R. 448. The ALJ chose to ignore it. The ALJ’s disregard for Judge Kim’s order is evidenced in the ALJ’s sole description of the order. According to the ALJ, because of the remand, he was “to offer the claimant opportunity for a hearing and take any further action needed to complete the administrative record and issue a new decision.” R. 448. But this was not the mandate of Judge Kim or even of the Appeals Council. Judge Kim ordered that the case was “remanded for further proceedings consistent with [his] opinion.” R. 504, 531. Likewise, the Appeals Council “remand[ed] this case to an Administrative Law Judge for- further proceedings consistent with the order of the court.” R. 502. Perhaps it is not surprising then that the remainder of the ALJ’s decision is silent on Judge Kim’s order. Third, there exists a well-known doctrine called “law of the ease.” Courts have a compelling interest in continuity, finality and efficiency both within cases and within the greater judicial system, and the law-of-the-case doctrine is an important tool in reaching this goal. United States v. Anderson, 772 F.3d 662, 669 (11th Cir.2014). The doctrine requires an administrative agency, on remand from a court, to conform its further proceedings in the case to the principles set forth in the judicial decision, unless there is a compelling reason to depart. See Wilder v. Apfel, 153 F.3d 799, 803 (7th Cir.1998); Key v. Sullivan, 925 F.2d 1056, 1060 (7th Cir.1991). Consequently, Judge Efim’s order was binding on the ALJ, and plaintiff had a right to expect that the ALJ would comply with the order.

Unfortunately, in this case, the ALJ, the Commissioner and the Administration failed to comply with Judge Kim’s specific and thorough order, remanding the case for violating fundamental Social Security jurisprudence, including, but not limited [942]*942to, the treating-physician rule. Wallace v. Astrue, No. 11 CV 4350, 2012 WL 3598737, 2012 U.S. Dist. LEXIS 117031 (N.D.Ill. Aug. 20, 2012).1 Sadly, this case is just one of many examples in which the U.S. District Court for the Northern District of Illinois has remanded a case to the Administration, only to have the Commissioner deny a claimant’s benefits without rectifying the same errors that caused the remand in the first place. Indeed, this case is at least the fourth time the Administration has failed to follow remands by judges in this district in just the last few months. See, e.g., Koppers v. Colvin, No. 15 C 5471, 2016 WL 3136916, at *3-4, 2016 U.S. Dist. LEXIS 73082, at *9-12 (N.D.Ill. June 6, 2016) (Magistrate Judge Martin remanding for same reasons Magistrate Judge Mason previously remanded); Betts v. Colvin, No. 13 CV 6540, 2016 WL 1569414, at *3, 2016 U.S. Dist. LEXIS 52019, at *9 (N.D.Ill. Apr. 19, 2016) (Magistrate Judge Cox remanding for the same reasons Magistrate Judge Cole previously remanded); Accurso v. Colvin, No. 12 C 8394, 2016 WL 427483, at *10, 2016 U.S. Dist. LEXIS 13330, at *32 (N.D.Ill. Feb. 4, 2016) (Magistrate Judge Cole remanding for the same reasons Judge Der-Yeghiayan previously remanded). The Administration must do better.

This issue is not merely academic. The costs incurred because of the Administration’s repeated violations of court orders are substantial. Besides the societal costs incurred when the Administration flouts federal court orders, the Administration’s [943]*943failure to follow orders results in real dollar costs to the treasury and ultimately the tax payers. There is the cost to the United States court system for judge and staff time spent on appeals. Thirty years ago, the estimated cost of court time was $600 per hour. See Jaen v. Coca-Cola, Co., 157 F.R.D. 146, 151 n. 8 (D.P.R.1994) (discussing the cost in 1985). A reasonable person can safely assume that expense is substantially higher today. And there is the cost to the other parties whose cases are delayed because judges and staff are needlessly working on successive Social Security appeals. Finally, there is the cost to the federal treasury because plaintiffs may be entitled to their attorneys’ fees under the Equal Access to Justice Act, 28 U.S.C. § 2412, when they not surprisingly prevail. Freismuth v. Astrue, 920 F.Supp.2d 943, 944-46 (E.D.Wisc.2013) (identifying costs incurred because of EAJA fees in Social Security appeals); Brandenburg v. Colvin, No. 14 CV 835, 2015 WL 4755740, at *9-10, 2015 U.S. Dist. LEXIS 105190, at *25-26 (E.D.Wisc. Aug. 11, 2015).

This Court will, once again, remand the case for essentially the same reasons it was previously remanded by Judge Kim. But this Court expects a different result, not the same inadequate and erroneous “analysis” twice provided by the ÁLJ.2 Stop the madness.3

BACKGROUND

On July 30, 2008, plaintiff filed applications for disability insurance benefits and supplemental security income. He believed he had bipolar disorder that caused “unstable mood swings” in which he would get “really depressed” and other times would be “almost in a state [of] euphoria about the world.” R. 210.4

On September 5,2008, plaintiff was evaluated by psychologist David NieKamp, who interviewed plaintiff for 45 minutes. Plaintiff reported “frequent insomnia due to extreme anxiety” and “extreme apathy where he does not want to leave his bed.” R. 296. Dr. NieKamp diagnosed him with moderate-to-severe anxiety and depression and rated his global assessment,of functioning (“GAP”) as 45. R. 298.

On November 8, 2008, plaintiff was treated by Dr.

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Cite This Page — Counsel Stack

Bluebook (online)
193 F. Supp. 3d 939, 2016 U.S. Dist. LEXIS 82753, 2016 WL 3476702, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wallace-v-colvin-ilnd-2016.