(SS) Benziger v. Commissioner of Social Security

Good Law
United States District Court, Eastern District of CaliforniaJuly 27, 20221:21-cv-01454California446 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JEANNETTE EILEEN BENZIGER, Case No. 1:21-cv-01454-HBK Plaintiff, ORDER GRANTING PARTIES’ JOINT

MOTION TO REMAND UNDER SENTENCE

v. FOUR OF 42 U.S.C. § 405(g), REVERSING

FINAL DECISION AND REMANDING

COMMISSIONER OF SOCIAL CASE1

SECURITY,

(Doc. No. 16) Defendant. ORDER FINDING PLAINTIFF’S MOTION

FOR SUMMARY JUDGMENT MOOT

(Doc. No. 12) 19 20 Pending before the Court is the parties’ Joint Motion to Remand filed July 26, 2022. (Doc. No. 16). Plaintiff Jeannete Eileen Benziger and the Commissioner of Social Security agree that this case should be remanded for further administrative proceedings under sentence four of 42 U.S.C. § 405(g). (Id.). The United States Supreme Court held that the Social Security Act permits remand in conjunction with a judgment either affirming, reversing, or modifying the Secretary’s decision. 27 1…

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