Rygg v. Commissioner of Social Security

Filing 33

ORDER signed by District Judge John A. Mendez on 12/19/2017 ORDERING Plaintiff's 16 Motion for Summary Judgment is GRANTED. The Commissioner's decision is REVERSED. Defendant's 23 Motion to Remand is GRANTED. This matter is REMANDED for further proceedings consistent with this order. The Clerk shall enter judgment for plaintiff and close this case. CASE CLOSED. (Zignago, K.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SONJA KAY RYGG,

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No. 2:16-cv-02737 JAM CKD

Plaintiff,
v.

ORDER

NANCY A. BERRYHILL, Acting
Commissioner of Social Security,
Defendant.

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Plaintiff seeks judicial review of a final decision of the Commissioner of Social Security

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(“Commissioner”) denying an application for Supplemental Security Income (“SSI”) under Title

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XVI of the Social Security Act (“Act”). Defendant concedes reversible error, such that the only

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dispute is whether the proper remedy is remand for further proceedings or reinstatement of

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benefits.

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On October 26, 2017, the magistrate judge filed findings and recommendations herein

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which contained notice to the parties that any objections to the findings and recommendations

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were to be filed within fourteen days. Plaintiff has filed objections to the findings and

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recommendations, and defendant has replied to the objections. The court has reviewed the file

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and finds the findings and recommendations to be supported by the record and by the magistrate

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judge’s analysis.
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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motion for summary judgment (ECF No. 16) is granted;

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2. The Commissioner’s decision is reversed;

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3. Defendant’s motion for remand (ECF No. 23) is granted;

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4. This matter is remanded for further proceedings consistent with this order; and

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5. The Clerk of the Court shall enter judgment for plaintiff and close this case.

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DATED: 12/19/2017

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/s/ John A. Mendez________________________

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UNITED STATES DISTRICT COURT JUDGE

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2 /rygg2737.ssi.jo

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