Lopez v. Kijakazi
- Proceeding
- district
- Area
- civil
- Panel
- Karen S. Crawford (author)
Analysis
The court reviewed the final decision of the Commissioner of Social Security in a civil action. The court vacated the Commissioner's decision, remanded the matter for further proceedings, and entered final judgment in favor of the plaintiff.
| What the court decided | The model |
|---|---|
The final decision of the Commissioner is vacated and the matter is remanded for further proceedings.“The final decision of the Commissioner is VACATED and the matter is REMANDED for further proceedings consistent with this Order.” | unsure The order is a judgment entry that does not recite the factual or legal basis for the decision. It is impossible to determine if the law was applied correctly without the underlying opinion or the record. |
Final judgment is entered in favor of the plaintiff and the case is closed.“Final judgment is in favor of plaintiff and case is closed.” | agree with court This is a procedural consequence of the vacatur and remand. It is standard practice in Social Security cases where the court finds the agency decision was not supported by substantial evidence or the agency failed to follow proper procedures. |
The order itself: sound with gaps — The document provided is a 'Judgment in a Civil Case' form, not the court's opinion. It states the result (vacatur and remand) but contains no reasoning, no discussion of the evidence, and no application of legal standards to the facts. Therefore, the reasoning cannot be evaluated for soundness.
Opinion
imo Ree ye ) K ey QT United States District Court SOUTHERN DISTRICT OF CALIFORNIA Modesta Lopez Civil Action No. — 23-cv-00420-KSC Plaintiff, V. Kilolo Kijakazi, Acting Commissioner of JUDGMENT IN A CIVIL CASE Social Security Defendant.
Decision by Court. This action came to trial or hearing before the Court. The issues have been tried or heard and a decision has been rendered. IT IS HEREBY ORDERED AND ADJUDGED: The final decision of the Commissioner is VACATED and the matter is REMANDED for further proceedings consistent with this Order. Final judgment is in favor of plaintiff and case is closed. The entry of judgment will begin the running of the thirty-day period for which plaintiff, as the prevailing party, may make a timely application for attorneys’ fees under the Equal Access to Justice Act. See 28 U.S.C. § 2412(d)(1)(B); Akopyan v. Barnhart, 296 F.3d 852, 854 (9th Cir. 2002 Date: 10/20/23 CLERK OF COURT JOHN MORRILL, Clerk of Court By: s/ L. Sotelo L. Sotelo, Deputy