1 JASON M. FRIERSON United States Attorney 2 Nevada Bar No. 7709 GABRIEL BONO, MI P71570 3 Special Assistant United States Attorney 4 Social Security Administration 6401 Security Boulevard 5 Baltimore, MD 21235 Telephone: 214.767.8393 6 Fax: 415.744.0135 Email: [email protected] 7 8 Attorneys for Defendant 9 UNITED STATES DISTRICT COURT 10 DISTRICT OF NEVADA 11 JOHN CLARK WILLIAMS, ) 12 ) Case No. 3:22-CV-00523-CSD ) Plaintiff, 13 ) ORDER GRANTING ) STIPULATION TO VOLUNTARY REMAND 14 vs. ) PURSUANT TO SENTENCE FOUR OF 42 ) U.S.C. § 405(g) 15 Kilolo Kijakazi, ) Acting Commissioner of Social Security, ) 16 ) Defendant. 17 STIPULATION TO VOLUNTARY REMAND PURSUANT TO 18 SENTENCE FOUR OF

(g) 19 COMES NOW Defendant, KILOLO KIJAKAZI, Acting Commissioner of Social Security 20 (Commissioner), and respectfully moves this Court to reverse and remand the above-captioned case to 21 the Commissioner pursuant to the fourth sentence of

(g) for the following reasons: 22 23 I. 24 Plaintiff filed this action seeking judicial review of the Commissioner’s final decision denying 25 his application for disability insurance benefits under the Social Security Act (Act). The 26 Commissioner requests that this Court remand this case to allow the Commissioner to conduct further 1 proceedings pursuant to sentence four of

(g) and Melkonyan v. Sullivan,

(1991). 3 II. 4 Authority for this request is found in

(g), which permits remand of a case to the 5 Commissioner for further administrative action. In Melkonyan,

, the Supreme 6 Court clearly stated that

(g) permits only two types of remand orders. The fourth 7 8 sentence of Section 405(g) authorizes a district court to enter “a judgment affirming, modifying, or 9 reversing the decision of the [Commissioner], with or without remanding the case for rehearing.”

10 at 97-101 (citing

(g)). The fourth sentence of Section 405(g) further states that the 11 remand order may be entered upon the pleadings and transcript of the record.

(g). A 12 sentence six remand is granted before the Commissioner files an answer or is granted in light of 13 additional evidence upon a showing that there is good cause for failing to incorporate the additional 14 15 evidence into a prior proceeding. Melkonyan,

. 16 The Supreme Court has held that a remand for further administrative proceedings, such as the 17 remand requested in this matter, is a sentence four remand within the meaning of

(g). 18 See Shalala v. Schaefer,

(1993); see also Sullivan v. Finkelstein,

, 625-26 19 (1990) (sentence four provides the appropriate relief when the evidence on the record is insufficient to 20 support the Commissioner’s conclusions and further fact-finding is necessary). 21 III. 22 23 The Commissioner respectfully submits that an order to reverse and remand for further 24 administrative proceedings requires the entry of a judgment that ends the instant action. The fourth 25 sentence of

(g) requires entry of a judgment that ends this action. See Shalala v. 26 1 || Schaefer,

. The undersigned contacted Plaintiff's counsel, who stated that Plaintiff 2 |) does not oppose this motion. 3 WHEREFORE, Defendant prays that the Court reverse and remand the ALJ’s decision for 4 further administrative proceedings pursuant to the fourth sentence of

(g). 5 6 || Dated: September 15, 2023 Respectfully submitted, 7 /s/ Hal Taylor HAL TAYLOR 8 (*as authorized via email on September 15, 2023) 9 Attorney for Plaintiff

10 || Dated: September 15, 2023 Respectfully submitted, 11 JASON M. FRIERSON D United States Attorney /s/ Gabriel Bono 13 GABRIEL BONO Special Assistant United States Attorney 14 Attorneys for Defendant IT IS. $O ORDERED: 16 17 UNITED STATES M4gsISTRATE JUDGE 18 DATED: September 15, 2023 19 20 21 22 23 24 25 26