(SS)Widick v. Commissioner of Social Security

8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA AARON CHRISTOPHER WIDICK, Case No. 1:25-cv-00406-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 COMMISSIONER OF SOCIAL REMANDING CASE1 SECURITY, 15 (Doc. No. 13) Defendant.

18 Pending before the Court is the parties’ joint motion to remand filed July 7, 2025. (Doc.

19 No. 12). Plaintiff Aaron Christopher Widick and the Commissioner of Social Security agree that this case should be remanded for further administrative proceedings under sentence four of 42 21 U.S.C. § 405(g). (Id.).

22 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.

24 See Melkonyan v. Sullivan, 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 Both parties have consented to the jurisdiction of a magistrate judge in accordance with 28 U.S.C. §636(c)(1). (Doc. No. 10).

1 | Melkonyan court recognized 42 U.S.C. § 405(g) contemplates only two types of remand — || sentence four or sentence six. Jd. 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).

5 The Court grants the parties’ motion to remand under sentence four and reverses the | Commissioner’s final decision. As agreed by the parties, upon remand, the Commissioner will | reevaluate the severity of Plaintiff's mental impairments; take any action necessary to further | develop the record, as necessary; and issue 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. 12) 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. | Dated: __July 7.2025 Wh fareh Zaskth 19 HELENA M. BARCH-KUCHTA UNITED STATES MAGISTRATE JUDGE