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S.D.N.Y.Substantive rulingFiled Sept. 10, 2021

Johnson v. Commissioner of Social Security

Judge
Sarah Netburn
Docket
1:20-cv-08191
Court
U.S. District Court · Southern District of New York
Pages
1
Social SecurityPro Se
In one sentence

In Johnson v. Commissioner, Judge Netburn remanded the benefits case for further proceedings and an opportunity for a hearing.

Who this affects

Jolyne Johnson and the Commissioner of Social Security; the case was returned to the Commissioner for further administrative proceedings and an opportunity for a hearing.

What happened

Jolyne Johnson v. Commissioner of Social Security concerned Johnson’s request for court review of the Commissioner’s decision denying her Social Security benefits.

The Commissioner agreed to send the matter back for additional administrative proceedings, which was the relief Johnson sought. The court said money damages and other relief were not available in this action.

Judge Sarah Netburn remanded the case to the Commissioner under sentence four of 42 U.S.C. § 405(g), including an opportunity for a hearing on remand, and directed the Clerk to enter judgment.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Johnson v. Commissioner of Social Security · No. 1:20-cv-08191
Judge
Sarah Netburn
Date
Sept. 10, 2021

Background

On September 30, 2020, Jolyne Johnson filed a complaint seeking judicial review of the Commissioner of Social Security’s decision denying her benefits under 42 U.S.C. § 405(g) or § 1383(c)(3). The opinion identifies Johnson as proceeding without a lawyer. The Commissioner consented to remand, meaning that the case would be sent back to the agency for further proceedings.

Ruling

The court remanded the matter to the Commissioner under sentence four of 42 U.S.C. § 405(g). The further administrative proceedings will include an opportunity for a hearing on remand. The court also stated that any other relief Johnson sought, such as money damages, was unavailable in this action.

Disposition

Judge Sarah Netburn directed the Clerk to enter judgment accordingly. The Clerk was also directed to send the order to Johnson, and defense counsel was directed to email her a copy.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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