(SS) Vazquez v. Commissioner of Social Security ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MARISCELA VAZQUEZ, Case No. 1:21-cv-00026-HBK 12 Plaintiff, ORDER APPROVING PARTIES’ JOINT STIPULATION UNDER SENTENCE FOUR 13 v. OF 42 U.S.C. SECTION 405(g) AND REVERSING FINAL DECISION AND 14 COMMISSIONER OF SOCIAL REMANDING CASE SECURITY, 15 ORDER TO TERMINATE ALL PENDING Defendant. MOTIONS 16 (Doc. No. 15) 17 18 19 Pending before the Court is the parties’ Stipulation for Remand filed January 3, 2022. 20 (Doc. No. 23). Plaintiff Mariscela Vasquez and the Commissioner of Social Security jointly 21 stipulate to remand this case for further administrative proceedings under sentence four of 42 22 U.S.C. § 405(g). (Id. at 1). 23 The United States Supreme Court held that the Social Security Act permits remand in 24 conjunction with a judgment either affirming, reversing, or modifying the Secretary’s decision. 25 See Melkonyan v. Sullian, 501 U.S. 89, 97-98 (1991) (addressing issue of attorney’s fees under 26 the Equal Access to Justice Act and calculating deadline using date of final judgment). The 27 Melkonyan Court recognized 42 U.S.C. § 405(g) contemplates only two types of remand – 28 sentence four or sentence six. Id. at 98. A sentence four remand authorizes a court to enter “a 1 | judgment affirming, modifying, or reversing the decision of the Secretary, with or without 2 | resetting the cause for a rehearing.” /d. at 98 (other citations omitted). Here, the parties’ 3 | stipulation and proposed order seeks remand under sentence four to the Commissioner for further 4 | administrative proceedings. (Doc. 23 at 1). Thus, the Court reverses and remands so the 5 || Commissioner may conduct further administrative proceedings. 6 Accordingly, it is now ORDERED: 7 1. The Court APPROVES the parties’ Joint Stipulation (Doc. No. 23). 8 2. The Commissioner of Social Security’s decision is REVERSED, judgment shall 9 | be entered in favor of Plaintiff, and this case is REMANDED to the Commissioner of Social 10 | Security for further proceedings consistent with the parties’ Joint Stipulation and this Order under 11 | 42 U.S.C. § 405(g), sentence four. 12 3. The Clerk is respectfully requested to terminate any pending motions/deadlines 13 || and close this case. 14 | Dated: _ January 4, 2022 Mile. Wh. foareh Zaskth 16 HELENA M. BARCH-KUCHTA UNITED STATES MAGISTRATE JUDGE 18 19 20 21 22 23 24 25 26 27 28