Costello v. Astrue
Costello v. Astrue
Opinion of the Court
Order
After holding that the agency erred in denying Florine Costello a “deemed” filing date under 42 U.S.C. § 402(j)(5), we wrapped up: “The record does not reveal the current balance of accounts between the agency and Costello, so on remand the district court must determine (1) the date on which Costello is deemed to have applied for benefits as Gilbert Costello’s ex-wife, and (2) the amount that the SSA now owes Costello (or vice versa).” The agency now seeks rehearing, limited to the question whether the remand should be to itself rather than to the district court.
On this subject the agency is in the right. Having corrected a legal error, a court should remand to the agency for correction. See, e.g., Gonzales v. Thomas, 547 U.S. 183, 126 S.Ct. 1613, 164 L.Ed.2d 358 (2006); INS v. Ventura, 537 U.S. 12,
Reference
- Full Case Name
- Florine COSTELLO v. Michael J. ASTRUE, Commissioner of Social Security
- Cited By
- 1 case
- Status
- Published