(SS) Sandell 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 CATHERINE LOUISE SANDELL, Case No. 1:22-cv-00772-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, ACTING REMANDING CASE1 COMMISSIONER OF SOCIAL 15 SECURITY, (Doc. No. 12) 16 Defendant. 17 18 Pending before the Court is the parties’ joint motion to remand filed November 28, 2022. 19 (Doc. No. 12). Plaintiff Catherine Louise Sandell and the Commissioner of Social Security agree 20 that this case should be remanded for further administrative proceedings under sentence four of 21 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. 10). 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. On remand, the Commissioner shall further develop the record 7 | 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 grants the joint motion to 10 | remand (Doc. No. 12) and REVERSES the Commissioner’s decision. This case is REMANDED 11 tothe Commissioner of Social Security 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 deadlines, and close 14 | this case. 15 16 Dated: _ November 29, 2022 oe Uh. Sareh Zackte 17 HELENA M. BARCH-KUCHTA ig UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 27 28