Jamie Marie Pierson v. Comm'r of Soc. Sec., 21-2848

Pierson had an L5 laminectomy in February 2015 and applied for SSI on November 14, 2016, alleging disability beginning with that surgery.
An ALJ held on December 13, 2018 that Pierson was not disabled, finding obesity and lumbar degenerative disc disease but an RFC for light work with limitations; Pierson did not challenge that ALJ decision here.
Pierson underwent another lumbar surgery in June 2019 and submitted the post‑decision records to the Appeals Council when seeking review.
The Appeals Council denied review, concluding the 2019 evidence did not relate to the period on or before the ALJ’s decision and advising her to seek a new application for any post‑decision disability.
Pierson sought a sentence‑six remand to the district court; the magistrate judge recommended denial as the new evidence was not material, and the district court adopted that report and affirmed.
On appeal to the Sixth Circuit Pierson challenged only the Appeals Council’s denial of review; the Sixth Circuit held the Appeals Council’s denial is not a final decision under § 405(g) and affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the Appeals Council’s denial of review is a final, reviewable agency decision under 42 U.S.C. § 405(g)	Appeals Council erred by refusing to consider 2019 surgery evidence as relating to the relevant period	Denial of review is not a final decision; the ALJ decision is the Commissioner’s final decision and is the proper subject of judicial review	Denial of review is not reviewable; only the ALJ decision is final and Pierson did not challenge it, so affirm
Whether Pierson is entitled to a sentence‑six remand based on the 2019 surgery records	2019 evidence shows the 2015 surgery failed and would have altered the disability determination	New evidence is not material to the period before the ALJ decision, and Pierson failed to preserve a sentence‑six remand argument	Court finds Pierson forfeited the remand argument by not challenging the magistrate/district court materiality finding; remand denied

Casey v. Sec’y of Health & Hum. Servs., 987 F.2d 1230 (6th Cir. 1993) (when Appeals Council denies review, the ALJ’s decision becomes the Commissioner’s final decision)
Cline v. Comm’r of Soc. Sec., 96 F.3d 146 (6th Cir. 1996) (sentence‑six remand requires evidence that is new, material, and for which good cause exists for earlier omission)
Cotton v. Sullivan, 2 F.3d 692 (6th Cir. 1993) (describing standards for remand under sentence six of § 405(g))
Gayheart v. Comm’r of Soc. Sec., 710 F.3d 365 (6th Cir. 2013) (standard for reviewing ALJ decisions under § 405(g))
Pfahler v. Nat’l Latex Prods. Co., 517 F.3d 816 (6th Cir. 2007) (failure to object to a magistrate judge’s report waives review)
Miller v. Admin. Office of the Cts., 448 F.3d 887 (6th Cir. 2006) (issues not raised in the opening brief are forfeited)