Costanza

MEMORANDUM **

Catherine Costanza appeals from the district court’s order remanding her case to the Commissioner for further proceedings. Costanza contends that the district court abused its discretion in ordering remand when she was entitled to benefits as a matter of law. We reverse and remand to the district court with instructions to remand to the Commissioner for an award of benefits.

Costanza’s eligibility for disability insurance benefits expired on September 30, 1996. She applied for benefits on February 12, 1997, claiming a disability onset date of June 30, 1991. She testified that she had returned to work briefly after her June 1991 disc surgery, but had been unable to work because of fibromyalgia and consequently quit work permanently in 1992. She testified that the pain from her fibromyalgia had been constant since 1991 and that she averaged at least four bad days a week in which she suffered tremendous pain and could do no more than lie on the couch. Her primary care physician, Dr. Gene Levitz, provided evidence that he had diagnosed her fibromyalgia in 1992 and had treated her for that condition from 1992 to 1998, administering steroid shots every six to eight…