(SS) Casares 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 MARK JAMES CASARES, Case No. 1:21-cv-01506-HBK 12 Plaintiff, ORDER GRANTING JOINT MOTION TO REMAND UNDER SENTENCE FOUR OF 42 13 v. U.S.C. § 405(g), 14 COMMISSIONER OF SOCIAL ORDER REVERSING FINAL DECISION, SECURITY, REMANDING CASE AND DIRECTING 15 CLERK TO ENTER JUDGMENT1 Defendant. 16 (Doc. No. 17) 17 ORDER FINDING MOTION FOR SUMMARY JUDGMENT MOOT 18 (Doc. No. 12) 19 20 21 Pending before the Court is the parties’ Joint Motion to Remand filed on May 16, 2022. 22 (Doc. No. 17). Plaintiff James Casares and the Commissioner of Social Security agree that this 23 case should be remanded for further administrative proceedings under sentence four of 42 U.S.C. 24 § 405(g). (Id. at 1). 25 The United States Supreme Court held that the Social Security Act permits remand in 26 conjunction with a judgment either affirming, reversing, or modifying the Secretary’s decision. 27 1 Both parties have consented to the jurisdiction of a magistrate judge under 28 U.S.C. § 636(c)(1). (Doc. 28 No. 9). 1 | See Melkonyan vy. Sullian, 501 U.S. 89, 97-98 (1991) (addressing issue of attorney’s fees under 2 | the Equal Access to Justice Act and calculating deadline using date of final judgment). The 3 | Melkonyan Court recognized 42 U.S.C. § 405(g) contemplates only two types of remand — 4 | sentence four or sentence six. Jd. at 98. A sentence four remand authorizes a court to enter “a 5 | judgment affirming, modifying, or reversing the decision of the Secretary, with or without 6 || resetting the cause for a rehearing.” Jd. (other citations omitted). 7 The Court grants the parties’ motion to remand. As agreed by the parties, upon remand 8 | “the Agency will vacate the Administrative Law Judge’s decision, re-evaluate the evidence, and 9 || issue a new decision.” (Doc. No. 17 at 1). 10 Accordingly, it is ORDERED: 11 1. The parties’ Joint Motion to Remand (Doc. No. 17) is GRANTED, the final decision of 12 | the Commissioner is REVERSED and this case is REMANDED for further proceedings 13 || consistent with this Order. 14 2. A motion for attorneys’ fees may be filed by separate motion. 15 3. Plaintiff's Motion for Summary Judgment (Doc. No. 12) is MOOT. 16 4. The Clerk shall enter judgment in favor of Plaintiff, terminate all deadlines, and close 17 || this case. 18 | Dated: _ May 17,2022 Mila Wh fareh Base 20 HELENA M. BARCH-KUCHTA 1 UNITED STATES MAGISTRATE JUDGE 22 23 24 25 26 27 28