(SS) Homer 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 SHARON ELIZABETH HOMER, Case No. 1:21-cv-01435-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. 10) 16 Defendant. 17 18 19 Pending before the Court is the Parties’ Joint Motion to Remand filed May 31, 2022. 20 (Doc. No. 10). Plaintiff Wendy Sharon Elizabeth Homer and the Commissioner of Social 21 Security agree that this case should be remanded for further administrative proceedings under 22 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. 25 See Melkonyan v. Sullian, 501 U.S. 89, 97-98 (1991) (addressing issue of attorney’s fees under 26 the Equal Access to Justice Act and calculating deadline using date of final judgment). The 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. 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.” J/d. 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. On remand, the prior ALJ decision will be vacated, and the 7 | agency will 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. 10) and REVERSES the Commissioner’s decision. This case is REMANDED 11 to the Commissioner of Social Security 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: _ June 1, 2022 Mile. Wh fareh Zaskth 17 HELENA M. BARCH-KUCHTA ig UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 27 28