(SS) Henderson Jr. v. Commissioner of Social Security

8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA KEITH LELAND HENDERSON, JR., Case No. 1:24-cv-00821-HBK 12 Plaintiff, ORDER GRANTING PARTIES’ STIPULATED MOTION TO REMAND 13 v. UNDER SENTENCE FOUR OF 42 U.S.C. § 405(g), REVERSING FINAL DECISION AND MARTIN O’MALLEY, REMANDING CASE1 COMMISSIONER OF SOCIAL SECURITY, (Doc. No. 13) 16 Defendant.

19 Pending before the Court is the parties’ joint motion to remand filed October 23, 2024.

20 (Doc. No. 13). Plaintiff Keith Leland Henderson, Jr. 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.).

23 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.

25 See Melkonyan v. Sullivan, 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. 6).

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. As agreed upon by the parties, upon remand, the Appeals Council | will remand the case to an administrative law judge (ALJ) for a new decision.

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 11 remand (Doc. No. 13) and REVERSES the Commissioner’s decision. This case is 12 REMANDED to the Commissioner of Social Security for further proceedings 13 consistent with this Order.

14 2. A motion for attorney fees may be filed within thirty (30) days.

15 3. The Clerk shall enter judgment in favor of Plaintiff, terminate any deadlines, and close 16 this case.

18 Dated: _ October 25, 2024 oe Zh. Sareh Zackte 19 HELENA M. BARCH-KUCHTA UNITED STATES MAGISTRATE JUDGE