(SS) Lee v. Commissioner of Social Security

8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA CHUE LEE, Case No. 1:20-cv-01142-HBK 12 Plaintiff, ORDER APPROVING PARTIES’ JOINT STIPULATION UNDER SENTENCE FOUR 13 v. OF 42 U.S.C. § 405(g) AND REVERSING FINAL DECISION AND REMANDING COMMISSIONER OF SOCIAL CASE SECURITY, 15 (Doc. No. 20) Defendant.

17 Pending before the Court is the parties’ Stipulation for Remand filed July 8, 2021. (Doc.

18 No. 20). Plaintiff Chue Lee 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.).

21 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.

23 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 remand – sentence four or sentence six. 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).

1 Here, the parties’ stipulation and proposed order seeks remand under sentence four and | reversal of the Commissioner’s final decision. (Doc. 20 at 1-2). The parties further stipulate that | on remand, “the Appeals Council will remand the case to an administrative law judge for a new | decision.” (dd. at 1).

5 Accordingly, it is now ORDERED: 6 1. The Court APPROVES the parties’ Joint Stipulation (Doc. No. 20).

7 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 | 42 U.S.C. § 405(g), sentence four.

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

Dated: __July 9, 2021 Mila Wh fareh Base 15 HELENA M. BARCH-KUCHTA 6 UNITED STATES MAGISTRATE JUDGE