Heggem v. Colvin

United States Court of Appeals for the Ninth

Decided APRIL 04, 2016

United States Court of Appeals for the Ninth · decided 2016-04-04

2 counsel of record

Applies 42 U.S.C. § 405 (§ 205 of the Social Security Act of 1935)

Relies on Shalala v. Schaefer

Decided 2016-04-04

¶1Neil M. HEGGEM, Plaintiff-Appellant,
v.
Carolyn W. COLVIN, Commissioner of Social Security Administration, Defendant-Appellee.

¶2Eric G. Slepian, Esquire, Slepian Law Office, Phoenix, for Plaintiff-Appellant.

¶3Meghan Frei Berglind, Special Assistant U.S. Attorney, Danielle A. Pedderson, SSA-Social Security Administration, Office of the Regional Chief Counsel, Denver, for Defendant-Appellee.

¶4Before: CANBY, LEAVY, and IKUTA, Circuit Judges.

¶5ORDER

¶6Appellee's unopposed motion for remand is granted. The district court's January 22, 2015 judgment is vacated. Pursuant to sentence four of 42 U.S.C. § 405(g), the district court shall reverse the Commissioner of Social Security Administration's ("Commissioner") decision and remand the case to the Commissioner for further administrative proceedings. The district court shall enter judgment consistent with Shalala v. Schaefer , 509 U.S. 292, 296-97, 113 S.Ct. 2625, 125 L.Ed.2d 239 (1993).

¶7VACATED and REMANDED.