Is a decision to remand a social security claim to the Commissioner for Employment and Learning within the scope of the court?

MultiRegion, United States of America

The following excerpt is from Gallagher v. Astrue, 1:10-cv-00942-OWW-SKO (E.D. Cal. 2011):

the decision to remand to the Commissioner for further proceedings or simply to award benefits is within the discretion of the court. McAllister v. Sullivan, 888 F.2d 599, 603 (9th Cir. 1989). "If additional proceedings can remedy defects in the original administrative proceedings, a social security case should be remanded. Where, however, a rehearing would simply delay receipt of benefits, reversal [and an award of benefits] is appropriate." Id. (alteration in original) (internal quotation marks omitted).

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