(SS) Acosta, Jr. v. Commissioner of Social Security

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

HENRY ACOSTA, JR., Case No. 1:21-cv-380-HBK

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

COMMISSIONER SOCIAL SECURITY, CASE

Defendant. (Doc. No. 11)

Pending before the Court is the parties’ Stipulation for Remand filed October 12, 2021. (Doc. No. 11). Plaintiff Henry Acosta, Jr. and the Commissioner of Social Security jointly stipulate to remand this case for further administrative proceedings under sentence four of 42 20 U.S.C. § 405(g) and for judgment to be entered in Plaintiff’s favor. (Id. at 1-2).

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 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).

Here, the parties’ stipulation seeks a remand of the instant case under sentence four, so the ALJ will re-evaluate the medical evidence, including but not limited to, all medical-source opinion evidence. (Doc. No. 11 at 2).

Accordingly, it is now ORDERED:

1. The Court APPROVES the parties’ Joint Stipulation (Doc. No. 11).

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.

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

Dated: _ October 13, 2021 oe Zh. Sareh Zackte HELENA M. BARCH-KUCHTA UNITED STATES MAGISTRATE JUDGE