Fagot-Bigas v. Commissioner of Social Security

Filing 12

OPINION AND ORDER - Judgment is to be entered accordingly. Signed by US Magistrate Judge Camille L. Velez-Rive on 10/7/14.(ljt)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF PUERTO RICO
PEDRO REMBERTO FAGOT-BIGAS,
Plaintiff,
v.
CIVIL NO. 14-1442 (CVR)
ACTING COMMISSIONER OF SOCIAL
SECURITY,
Defendant.

OPINION AND ORDER
Plaintiff Pedro Remberto Fagot-Bigas (“Plaintiff” ) filed a pro-se complaint against
the Acting Commissioner of Social Security (“Acting Commissioner”) for judicial review of
his claim for benefits. (Docket No. 1).
On September 29, 2014, the Acting Commissioner filed her Answer to the Complaint.
(Docket No. 10).
On October 6, 2014, the Commissioner requested the case to be remanded for good
cause and further action by the Commissioner. (Docket No. 11). The Commissioner submits
it is seeking remand in order to analyze and consider whether one of the exceptions
enumerated in 42 U.S.C. § 405(c)(5) permitted removal of some of Plaintiff’s earnings from
the calculation. If not, the Acting Secretary states, then the original earnings record will be
deemed conclusive and the claim will be processed accordingly.
The request by the Commissioner is considered good cause for remand as per joint
conference committee in the Social Security Disability Amendment of 1980. H.R. Rep. No.
96-944, 96th Cong., 2d Sess. 59 (1980). Therefore, this United States Magistrate Judge

Pedro Remberto Fagot-Bigas v. Acting Commissioner of Social Security
Civil No. 14-1442 (CVR)
Opinion and Order
Page No. 2

orders judgment be entered remanding the case to the Commissioner of Social Security as
requested.
CONCLUSION
In view of the foregoing, the Commissioner’s Motion to Remand (Docket No. 11) is
GRANTED. This case is remanded to the Commissioner for further administrative action.
Judgment is to be entered accordingly.
IT IS SO ORDERED.
In San Juan, Puerto Rico, on this 7th day of October, 2014.
S/ CAMILLE L. VELEZ-RIVE
CAMILLE L. VELEZ RIVE
UNITED STATES MAGISTRATE

JUDGE