(SS) Silva v. Commissioner of Social Security

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 DARLENE Y. SILVA, No. 1:21-cv-0045 JLT BAM Plaintiff, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS AND REMANDING

v. THIS ACTION PURSUANT TO SENTENCE SIX OF 42 U.S.C. § 405(g) KILOLO KIJAKAZI, Acting Commissioner of Social Security, (Docs. 21, 24, 26) 15 Defendants. 16 Darlene Silva asserts she is entitled to benefits under the Social Security Act, and sought review of the administrative decision denying her applications for benefits. On January 17, 2023, the magistrate judge observed there was “only one day separating the ALJ’s decision and the approval of her subsequent claim for disability benefits.” (Doc. 26 at 9.) Due to “the lack of information concerning the second application,” the magistrate judge found the Court was unable to “determine if the second application involved different medical evidence or if there was some other reason for the change.” (Id. at 8-9.) Therefore, the magistrate judge recommended the action be remanded…