Lajara v. Commissioner of Social Security

Background

The defendant offered to settle the case by remanding it to the Commissioner of Social Security for further administrative proceedings. The order states that the offers were made on June 2 and June 17, 2020, and that Jacqueline M. Lajara had not responded. The attached letter referred to the Social Security Administration’s willingness to remand the case and enclosed a proposed stipulation and order.

The attached proposed stipulation stated that Lajara, identified as representing herself, and the defendant’s attorney agreed to a remand under sentence four of 42 U.S.C. § 405(g). That provision is a part of the Social Security statute governing court review of agency decisions. The proposed stipulation also stated that the Clerk should enter judgment. The July 6 order, however, characterized the remand as a settlement proposal and did not state that the proposed stipulation had been accepted or that remand and judgment had occurred.

Ruling

Judge Lewis J. Liman ordered that Lajara respond to the defendant’s settlement proposal by August 15, 2020. The opinion does not state what response Lajara made or whether the case was later remanded.

Disposition

The court issued an order requiring a response to the settlement proposal. It did not decide the underlying Social Security claim in this order.