(SS) Barrett 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 STEVEN REESE BARRETT, Case No. 1:22-cv-00700-HBK 12 Plaintiff, ORDER GRANTING PARTIES’ STIPULATED MOTION TO REMAND 13 v. UNDER SENTENCE FOUR OF 42 U.S.C. § 405(g), REVERSING FINAL DECISION AND 14 KILOLO KIJAKAZI, REMANDING CASE 1 Acting Commissioner of Social Security 15 (Doc. No. 10) Defendant. 16 17 18 Pending before the Court is the parties’ stipulated motion to remand filed September 7, 19 2022. (Doc. No. 10). Plaintiff Steven Reese Barrett and the Commissioner of Social Security 20 agree that this case should be remanded for further administrative proceedings under sentence 21 four of 42 U.S.C. § 405(g). (Id.). 22 The United States Supreme Court held that the Social Security Act permits remand in 23 conjunction with a judgment either affirming, reversing, or modifying the Secretary’s decision. 24 See Melkonyan v. Sullivan, 501 U.S. 89, 97-98 (1991) (addressing issue of attorney’s fees under 25 the Equal Access to Justice Act and calculating deadline using date of final judgment). The 26 1 Both parties have consented to the jurisdiction of a magistrate judge in accordance with 28 U.S.C. 27 §636(c)(1). (Doc. No. 8). 28 1 | Melkonyan court recognized 42 U.S.C. § 405(g) contemplates only two types of remand — 2 || sentence four or sentence six. Jd. at 98. A sentence four remand authorizes a court to enter “a 3 | judgment affirming, modifying, or reversing the decision of the Secretary, with or without 4 || resetting the cause for a rehearing.” Jd. (other citations omitted). 5 The Court grants the parties’ motion to remand under sentence four and reverses the 6 | Commissioner’s final decision. Upon remand, the Administrative Law Judge should further 7 | develop the record as necessary, and issue a final decision. 8 Accordingly, it is ORDERED: 9 1. Pursuant to sentence four of 42 U.S.C.§ 405(g), the Court grants the stipulated motion 10 | toremand (Doc. No. 10) and REVERSES the Commissioner’s decision. This case is 11 | REMANDED to the Commissioner of Social Security for further proceedings consistent with this 12 | Order. 13 2. An application for attorney fees may be filed by separate motion. 14 3. The Clerk shall enter judgment in favor of Plaintiff, terminate any deadlines, and close 15 || this case. 16 M Dated: _ September 9, 2022 oe Uh. Sareh Zackte 18 HELENA M. BARCH-KUCHTA 9 UNITED STATES MAGISTRATE JUDGE 20 21 22 23 24 25 26 27 28