Opinion
C19-1815-BAT
12-17-2021
PAUL ANDREW PEKSENAK, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
ORDER REMANDING FOR FURTHER ADMINISTRATIVE PROCEEDINGS
BRIAN A. TSUCHIDA United States Magistrate Judge
This Social Security disability appeal is before the Court on remand from the Ninth Circuit Court of Appeals. Dkt. 22, 23. The Ninth Circuit issued a memorandum finding that ALJ's error in giving little or no weight to the Department of Veteran's Affairs disability rating was not harmless, as this Court had found, and directing that the case be remanded for further administrative proceedings. Dkt. 22. Accordingly, the Court REVERSES the Commissioner's final decision and REMANDS this case for further administrative proceedings under sentence four of 42 U.S.C. § 405(g). On remand, the ALJ shall reevaluate plaintiff's claim of disability in a manner consistent with the Ninth Circuit's memorandum.