Scandone v. Barhhart - ED Pa. - July 18, 2006
http://www.paed.uscourts.gov/documents/opinions/06D0880P.pdf
Plaintiff appealed an order finding her disabled as of April 1, 2004. The defendant lost hearing tape and asked for a remand. The Court granted Plaintiff's request to prohibit a de novo adjudication finding Plaintiff not disabled or disabled any later than April 1, 2004.
The Court said that it would be "unfair to Plaintiff to permit the Commissioner to misplace the hearing tape and then 'reconstruct the record' by holding a new hearing before the ALJ, potentially reversing Plaintiff's prior favorable decision...The case will be remanded...for further administrative proceedings, but the determination that Plaintiff has been disabled since April 1, 2004, will not be subject to de novo adjudication."
