(SS)Nichols Domingo v. Commissioner of Social Security

8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA SUSAN DIANA NICHOLS DOMINGO, Case No. 1:22-cv-00185-BAK(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 COMMISSIONER OF SOCIAL CASE1 SECURITY, 15 (Doc. No. 16) Defendant.

16 ORDER FINDING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT MOOT 18 (Doc. No. 13) 21 Pending before the Court is the parties’ Joint Motion to Remand filed August 22, 2022.

22 (Doc. No. 11). Plaintiff and the Commissioner of Social Security agree that this case should be remanded for further administrative proceedings under sentence four of 42 U.S.C. § 405(g). (Id.).

24 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.

26 See Melkonyan v. Sullian, 501 U.S. 89, 97-98 (1991) (addressing issue of attorney’s fees under Both parties have consented to the jurisdiction of a magistrate judge, in accordance with 28 U.S.C. §636(c)(1). (Doc. No. 8).

1 | 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. /d. 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.” Jd. (other citations omitted).

6 The Court grants the parties’ motion to remand under sentence four and reverses the || Commissioner’s final decision. On remand, as stipulated by the parties, the Administrative Judge || shall re-evaluate the evidence of record and issue a new decision. (Doc. No. 13 at 1).

9 Accordingly, it is ORDERED: 10 1. Pursuant to sentence four of 42 U.S.C.§ 405(g), the Court grants the joint motion to | remand (Doc. No. 13) and REVERSES the Commissioner’s decision. This case is REMANDED | to the Commissioner of Social Security for further proceedings consistent with this Order.

13 2. An application for attorney fees may be filed by separate motion.

14 3. Plaintiff's Motion for Summary Judgment (Doc. No. 11) is MOOT.

15 4. The Clerk shall enter judgment in favor of Plaintiff, terminate any deadlines, and close || this case. | Dated: _ August 24, 2022 Mile. Wh fareh Zaskth 18 HELENA M. BARCH-KUCHTA 9 UNITED STATES MAGISTRATE JUDGE