What is the test for remand to the Commissioner for Social Security benefits?

MultiRegion, United States of America

The following excerpt is from Ibarra-barajas v. Comm'r Of Soc. Sec., CASE NO. 1:09-cv-01734-SMS (E.D. Cal. 2011):

"The court shall have the power to enter, upon pleadings and transcript of record, a judgment affirming, modifying, or reversing the decision of the Secretary, with or without remanding the cause for a rehearing." 42 U.S.C. 405(g). In social security cases, the decision to remand to the Commissioner to award benefits is within the court's discretion. 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.

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