Brenda Weksler
How Judge Weksler rules, drawn from 7 signed orders. Every observation links to the order it came from.
How Judge Weksler decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
On consent Social Security appeals, grants a claimant's motion to remand where the ALJ applied the wrong listings or miscalculated past relevant work, directing correction on remand.
“ORDER Granting, consistent with this Order, 26 Motion to Remand and Denying 29 Countermotion to Affirm the Agency Decision. ... on remand, the ALJ apply the listings in effect at the time Plaintiff filed her claim, and that the ALJ calculate Plaintiff's past relevant work period pursuant to Social Security Regulation 82-62. ... the Clerk of Court enter judgment in favor of Plaintiff and close this case.”
Remands when the administrative decision does not adequately address significant medical evidence relevant to a source opinion's supportability and consistency, particularly where the omitted evidence could change reaching, manipulation, and vocational findings.
“In rejecting Malik’s opinion regarding Plaintiff’s limitations, the ALJ failed to address significant evidence that was consistent with Malik’s opinion. This was legal error.”
Procedural preferences
Affirms the Commissioner and denies remand where the agency decision is supported; her Social Security rulings cut both ways on the merits.
“ORDER Denying 12 Motion to Remand to Social Security Administration. IT IS FURTHER ORDERED that 15 Defendant's Countermotion to Affirm the Agency Decision is GRANTED.”
Cautions
Grants 42 U.S.C. 406(b) attorney-fee motions within the 25%-of-past-due-benefits cap, ordering counsel to reimburse previously received EAJA fees.
“ORDER granting 30 Motion for Attorney Fees. ... the Court grants Plaintiff's motion for fees pursuant to 42 U.S.C. 406(b). The Court awards Mark Kalagian attorney fees in the amount of $28,512.00. The Court orders Mark Kalagian to reimburse Plaintiff the amount of $4,900.00 for EAJA fees previously received.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“ORDER Granting, consistent with this Order, 26 Motion to Remand and Denying 29 Countermotion to Affirm the Agency Decision. ... on remand, the ALJ apply the listings in effect at the time Plaintiff filed her claim, and that the ALJ calculate Plaintiff's past relevant work period pursuant to Social Security Regulation 82-62. ... the Clerk of Court enter judgment in favor of Plaintiff and close this case.”
“ORDER Granting, consistent with this Order, 26 Motion to Remand and Denying 29 Countermotion to Affirm the Agency Decision.”
“ORDER Denying 12 Motion to Remand to Social Security Administration. IT IS FURTHER ORDERED that 15 Defendant's Countermotion to Affirm the Agency Decision is GRANTED.”
“IT IS FURTHER ORDERED that 15 Defendant's Countermotion to Affirm the Agency Decision is GRANTED.”
“ORDER Granting 24 Stipulation to Remand pursuant to sentence four of 42 U.S.C. 405(g) and to entry of judgment for Plaintiff. Signed by Magistrate Judge Brenda Weksler on 7/21/2023.; Case terminated.”
“ORDER granting 30 Motion for Attorney Fees. ... the Court grants Plaintiff's motion for fees pursuant to 42 U.S.C. 406(b). The Court awards Mark Kalagian attorney fees in the amount of $28,512.00. The Court orders Mark Kalagian to reimburse Plaintiff the amount of $4,900.00 for EAJA fees previously received.”
“ORDER Granting 1 Motion to proceed in forma pauperis. The Clerk of Court must file the complaint (ECF No. 1-1). ... Signed by Magistrate Judge Brenda Weksler on 2/21/2023.”
“IT IS ORDERED that ECF No. 10 is GRANTED. IT IS FURTHER ORDERED that the Clerk of Court is kindly directed to close this case. Signed by Magistrate Judge Brenda Weksler on 2/14/2023.”
“IT IS HEREBY ORDERED that Plaintiff’s Motion for Reversal and Remand (ECF No. 18) is GRANTED.”
“IT IS FURTHER ORDERED that Defendant’s Countermotion to Affirm the Agency Decision (ECF No. 22) is DENIED.”
Caseload & timing
From public federal docket records for this judge.
- The reviewed docket is dominated by Social Security appeals that Judge Weksler decides with the parties' consent under 28 U.S.C. § 636(c).
- These matters are commonly resolved through cross-motions to remand or affirm, and many also end through stipulated sentence-four remands.
- Her docket also includes criminal magistrate matters such as grand-jury subpoenas and sealed warrant applications.
- The durations below measure Social Security appeals from filing to termination.
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