(SS) Scott 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 JOANN SCOTT, Case No. 1:22-cv-00736-HBK 12 Plaintiff, ORDER GRANTING PARTIES’ JOINT MOTION TO REMAND UNDER SENTENCE 13 v. FOUR OF 42 U.S.C. § 405(g), REVERSING FINAL DECISION AND REMANDING 14 KILOLO KIJAKAZI, CASE1 COMMISSIONER OF SOCIAL 15 SECURITY, (Doc. No. 13) 16 Defendant. 17 18 Pending before the Court is the parties’ Joint Motion to Remand filed November 17, 2022. 19 (Doc. No. 13). Plaintiff Joann Scott and the Commissioner of Social Security agree that this case 20 should be remanded for further administrative proceedings under sentence four of 42 U.S.C. § 21 405(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. Sullian, 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 27 1 Both parties have consented to the jurisdiction of a magistrate judge, in accordance with 28 U.S.C. §636(c)(1). (Doc. No. 11). 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. at 98 (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 re-evaluate 7 | the evidence of record and issue a new decision. 8 Accordingly, it is ORDERED: 9 1. Pursuant to sentence four of 42 U.S.C.§ 405(g), the Court REVERSES the 10 | Commissioner’s decision and REMANDS this case back to the Commissioner of Social Security 11 | for further proceedings consistent with this Order. 12 2. An application for attorney fees may be filed by separate motion. 13 3. The Clerk shall enter judgment in favor of Plaintiff, terminate any pending motions and 14 || deadlines, and close this case. 15 '© | Dated: _ November 18, 2022 Mihaw. □□ fares Zackte 17 HELENA M. BARCH-KUCHTA ig UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 27 28