Legal Opinion

Hosea v. McMahon

Court of Appeals for the Fifth Circuit

Decided March 12, 2007No. 06-51066Unpublished

1Opinion of the Court

PER CURIAM: *

Robin Hosea appeals the district court’s remand of her case to the Commissioner of the Social Security Administration for further proceedings. Hosea argues that the district court lacked the authority to remand the case to the Commissioner because the court had a duty to determine whether substantial evidence supported the Appeals Council's decision. We disagree and, essentially for the reasons well stated in the lower court’s decisions, AFFIRM.

The fourth sentence of 42 U.S.C. § 405(g) grants district courts the power to “enter, upon the pleadings and transcript of the record, a…

2Cases cited4 opinions

  1. Shalala v. SchaeferSupreme Court of the United States · 1993
  2. Sullivan v. FinkelsteinSupreme Court of the United States · 1990
  3. Istre v. ApfelCourt of Appeals for the Fifth Circuit · 2000
  4. Bordelon v. BarnhartCourt of Appeals for the Fifth Circuit · 2005

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