Pacheco v. Kijakazi
- Sarah Netburn
- 1:23-cv-03145
- U.S. District Court · Southern District of New York
- 1
In Pacheco v. Kijakazi, Judge Sarah Netburn’s court reversed the Commissioner’s decision and remanded Vivian Pacheco’s case for further proceedings.
Vivian Pacheco and the Commissioner of Social Security; the case returns to the Commissioner for further administrative proceedings.
What happened
Pacheco v. Kijakazi involved Vivian Pacheco’s case against Kilolo Kijakazi, the Acting Commissioner of Social Security. The judgment does not explain the underlying dispute.
The court stated that, for the reasons in the parties’ August 1, 2023 stipulation and order, the Commissioner’s decision was reversed. The action was sent back to the Commissioner for further administrative proceedings under the fourth sentence of 42 U.S.C. § 405(g).
Judge Sarah Netburn is identified in the case information supplied with the opinion. The August 2, 2023 judgment ordered the reversal and remand.
The detailed version
- Pacheco v. Kijakazi · No. 1:23-cv-03145
- Sarah Netburn
- Aug. 2, 2023
Background
Vivian Pacheco brought this action against Kilolo Kijakazi, identified in the judgment as the Acting Commissioner of Social Security. The judgment does not describe the Commissioner’s underlying decision or the issues raised by Pacheco.
Ruling
The court stated that the Commissioner’s decision was reversed for the reasons given in the parties’ Stipulation and Order dated August 1, 2023. The court remanded, meaning sent back, the action to the Commissioner of Social Security for further administrative proceedings under the fourth sentence of 42 U.S.C. § 405(g). The judgment cites Shalala v. Schaefer, 509 U.S. 292 (1993).
Disposition
The court entered judgment reversing the Commissioner’s decision and remanding the action for further administrative proceedings. The judgment was dated August 2, 2023.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.