Robert Platek v. Kilolo Kijakazi

FILED

NOT FOR PUBLICATION

JUN 21 2022

UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

ROBERT J. PLATEK, No. 21-16296

Plaintiff-Appellant, D.C. No. 2:20-cv-01161-MTL

v.

MEMORANDUM*

KILOLO KIJAKAZI, Acting Commissioner of Social Security,

Defendant-Appellee.

Appeal from the United States District Court for the District of Arizona Michael T. Liburdi, District Judge, Presiding

Submitted June 13, 2022** San Francisco, California

Before: BYBEE, CALLAHAN, and COLLINS, Circuit Judges.

This single-issue appeal concerns whether the district court abused its

discretion in remanding the case to the Commissioner for further proceedings.

Both parties agree that the Social Security Administration’s Administrative Law

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Judge (ALJ) erred. They only disagree over the proper remedy. The district court

concluded that, in…