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(SS) Rygg v. Commissioner of Social Security, 2:16-cv-02737 JAM CKD. (2017)

Court: District Court, E.D. California Number: infdco20171221a77 Visitors: 1
Filed: Dec. 19, 2017
Latest Update: Dec. 19, 2017
Summary: ORDER JOHN A. MENDEZ , District Judge . Plaintiff seeks judicial review of a final decision of the Commissioner of Social Security ("Commissioner") denying an application for Supplemental Security Income ("SSI") under Title XVI of the Social Security Act ("Act"). Defendant concedes reversible error, such that the only dispute is whether the proper remedy is remand for further proceedings or reinstatement of benefits. On October 26, 2017, the magistrate judge filed findings and recommendati
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ORDER

Plaintiff seeks judicial review of a final decision of the Commissioner of Social Security ("Commissioner") denying an application for Supplemental Security Income ("SSI") under Title XVI of the Social Security Act ("Act"). Defendant concedes reversible error, such that the only dispute is whether the proper remedy is remand for further proceedings or reinstatement of benefits.

On October 26, 2017, the magistrate judge filed findings and recommendations herein which contained notice to the parties that any objections to the findings and recommendations were to be filed within fourteen days. Plaintiff has filed objections to the findings and recommendations, and defendant has replied to the objections. The court has reviewed the file and finds the findings and recommendations to be supported by the record and by the magistrate judge's analysis.

Accordingly, IT IS HEREBY ORDERED that:

1. Plaintiff's motion for summary judgment (ECF No. 16) is granted; 2. The Commissioner's decision is reversed; 3. Defendant's motion for remand (ECF No. 23) is granted; 4. This matter is remanded for further proceedings consistent with this order; and 5. The Clerk of the Court shall enter judgment for plaintiff and close this case.
Source:  Leagle

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