Franklin J. Wickert v. Frank J. Bisignano, Commissioner of Social Security

Summary

The United States District Court for the District of Montana denied Franklin J. Wickert’s motion under Federal Rule of Civil Procedure 59(e) to alter or amend the judgment. The court held that remand for further administrative proceedings remained appropriate because the record contained factual ambiguities and uncertainties regarding Wickert’s oxygen-tank needs, migraines, and the medical opinions. The prior judgment remanding the Social Security claim to the Commissioner remained in effect.

Holdings

1. The motion to alter or amend the judgment was denied because Wickert did not establish newly discovered evidence, clear error, or an intervening change in controlling law.
2. Treichler did not require an immediate award of benefits because the administrative record was uncertain and ambiguous; remand for further administrative proceedings remained the proper approach.

Questions Presented

1. Whether the court should alter or amend its prior remand judgment under Federal Rule of Civil Procedure 59(e).
2. Whether Treichler required remand for an award of benefits because Wickert asserted that the credit-as-true factors were satisfied.
3. Whether factual ambiguities and uncertainty in the administrative record justified remand for further proceedings rather than an immediate award of benefits.

Disposition

other