6th Cir: Hollon v. Social Security (ED Ky; 5/22/2006)

Hollon v. Social Security
Eastern District of Kentucky at Lexington
06a0171p.06
2006/05/22

ROSEN, District Judge. In this appeal, Plaintiff/Appellant Roxie Hollon (“Hollon”) challenges the district court’s decision affirming the determination of the Defendant/Appellee Commissioner of Social Security (the “Commissioner”) to terminate the payment of child’s Supplemental Security Income (“SSI”) benefits to Hollon’s son, Joseph W. Hollon (“Joseph”).

Specifically, Hollon advances three contentions on appeal: (i) that the district court erred in declining to compel the Commissioner to consider new evidence of Joseph’s medical condition in the course of a remand to reconstruct a lost administrative record; (ii) that the Commissioner’s decision to terminate benefits was impermissibly based in part upon an invalid, less-than-knowing waiver of the right to a hearing that Hollon signed before she obtained the assistance of counsel; and (iii) that the Commissioner’s underlying benefit determination was not supported by substantial evidence. Finding no error, we affirm.