(SS) Patterson v. Commissioner of Social Security ( 2021 )

1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 8 ANGELIE PATTERSON, CIVIL NO. 1:19-cv-01392-HBK (SS) 9 Plaintiff, 10 v. ORDER APPROVING PARTIES’ JOINT STIPULATION UNDER SENTENCE FOUR OF 11 COMMISSIONER OF SOCIAL 42 U.S.C. § 405(g) AND REVERSING FINAL SECURITY, DECISION AND REMANDING CASE 12 Defendant. 13 (Doc. No. 21) 14 ORDER TO TERMINATE ALL PENDING MOTIONS AND DEADLINES 15 16 17 18 Pending before the Court is the parties’ “Stipulation and Proposed Order for Voluntary 19 Remand for Voluntary Remand pursuant to Sentence Four of 42 U.S.C. § 405(g) and for Entry of 20 Judgment in favor of Plaintiff” filed May 11, 2021. (Doc. No. 21, Joint Stipulation). Plaintiff 21 Angelie Patterson and the Commissioner of Social Security jointly stipulate to remand this case for 22 further administrative proceedings under sentence four of 42 U.S.C. § 405(g). Id. 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. See 25 Melkonyan v. Sullian, 501 U.S. 89, 97-98 (1991) (addressing issue of attorney’s fees under the 26 Equal Access to Justice Act and calculating deadline using date of final judgment). The Melkonyan 27 Court recognized 42 U.S.C. § 405(g) contemplates only two types of remands: a sentence four or a 28 1 sentence six remand. /d. at 98. A sentence four remand authorizes a court to enter “a judgment 2 affirming, modifying, or reversing the decision of the Secretary, with or without resetting the cause 3 for a rehearing.” Jd. at 98 (other citations omitted). 4 Here, the parties’ stipulation and proposed order seeks remand under sentence four and 5 reversal of the Commissioner’s final decision. Doc. No. 21. at 1. The parties further stipulate that 6 on remand, the Appeals Council will remand the case to a different administrative law judge 7 (“ALJ”) for a new decision, instruct the ALJ to offer the plaintiff the opportunity for a new hearing, 8 and further instruct the ALJ “to take further action, as warranted to complete the administrative 9 record and resolve the above issues.” Jd. at 2. Additionally, the stipulation serves as notice that 10 plaintiff withdraws her opening brief. /d. (citing Doc. No. 13). 11 Accordingly, it is now ORDERED: 12 1. The Court APPROVES the parties’ Joint Stipulation (Doc. No. 21). 13 2. The Commissioner of Social Security’s decision is REVERSED, and this case is 14 REMANDED to the Commissioner of Social Security for further proceedings consistent 15 with the parties’ Joint Stipulation and this Order under sentence four, 42 U.S.C. § 16 405(g). 17 3. The Clerk is respectfully requested to terminate any pending motions/deadlines and 18 close this case. 19 IT IS SO ORDERED. atea: May 12, 2021 Mihaw. Wh. foareh fackte 22 HELENA M. BARCH-KUCHTA 53 UNITED STATES MAGISTRATE JUDGE 24 25 26 27 28