(SS) Calhoun v. Commissioner of Social Security

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

JASON E. CALHOUN, CIVIL NO. 1:20-cv-00861-HBK (SS)

Plaintiff, ORDER APPROVING PARTIES’ JOINT STIPULATION UNDER SENTENCE FOUR OF v. 42 U.S.C. § 405(g) AND REVERSING FINAL DECISION AND REMANDING CASE

COMMISSIONER OF SOCIAL

SECURITY, (Doc. No. 17)

Defendant.

ORDER TO TERMINATE ALL PENDING

MOTIONS AND DEADLINES

Pending before the Court is the parties’ Stipulation for Remand filed June 15, 2021. (Doc. No. 17). Plaintiff Jason E. Calhoun and the Commissioner of Social Security jointly stipulate to remand this case for further administrative proceedings under sentence four of 42 U.S.C. § 405(g) and for judgment to be entered in Plaintiff’s favor. (Id.).

The United States Supreme Court held that the Social Security Act permits remand in conjunction with a judgment either affirming, reversing, or modifying the Secretary’s decision. See Melkonyan v. Sullian, 501 U.S. 89, 97-98 (1991) (addressing issue of attorney’s fees under the Equal Access to Justice Act and calculating deadline using date of final judgment). The Melkonyan Court recognized 42 U.S.C. § 405(g) contemplates only two types of remands: a sentence four or a sentence six remand. Id. at 98. A sentence four remand authorizes a court to enter “a judgment affirming, modifying, or reversing the decision of the Secretary, with or without resetting the cause for a rehearing.” Id. at 98 (other citations omitted).

Here, the parties’ stipulation and proposed order seeks remand under sentence four and reversal of the Commissioner’s final decision. (Doc. 17. at 1-2). The parties further stipulate that the Administrative Law Judge should “conduct any necessary further proceedings and issue a new decision with evidentiary support for the findings” and should “reevaluate the medical evidence, including, but not limited to, all opinion evidence... reevaluate Plaintiff's maximum residual functional capacity...evaluate further whether Plaintiff has the residual functional capacity to perform his past relevant work or any other work and, if appropriate, obtain supplemental vocational expert testimony to assist in determining what jobs exist, if any, for Plaintiff given his age, education, and work experience and residual functional capacity,” and update the administrative record “as warranted.” (id. ).

Accordingly, it is now ORDERED:

1. The Court APPROVES the parties’ Joint Stipulation (Doc. No. 17).

2. The Commissioner of Social Security’s decision is REVERSED, judgment shall be entered in favor of Plaintiff, and this case is REMANDED to the Commissioner of Social Security for further proceedings consistent with the parties’ Joint Stipulation and this Order under sentence four, 42 U.S.C. § 405(g).

3. The Clerk is respectfully requested to terminate any pending motions/deadlines and close this case.

IT IS SO ORDERED. | pated: June 16,2021 Wiha. □□ fares Back HELENA M. BARCH-KUCHTA 53 UNITED STATES MAGISTRATE JUDGE