Ramirez v. Commissioner of Social Security

Filing 13

ORDER REOPENING the MATTER; ORDER Directing Entry of Judgment in Favor of Plaintiff Angelica Maria Ramirez and Against Defendant Nancy A. Berryhill, Acting Commissioner of Social Security, signed by Magistrate Judge Jennifer L. Thurston on 2/12/18. CASE CLOSED. (Gonzalez, R)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ANGELICA MARIA RAMERIZ, Plaintiff, 12 13 14 v. NANCY A. BERRYHILL1, Acting Commissioner of Social Security, 15 Defendant. 16 17 ) ) ) ) ) ) ) ) ) ) ) Case No.: 1:16-cv-0845 – JLT ORDER REOPENING THE MATTER ORDER DIRECTING ENTRY OF JUDGMENT IN FAVOR OF PLAINTIFF ANGELICA MARIA RAMERIZ AND AGAINST DEFENDANT NANCY A. BERRYHILL, ACTING COMMISSIONER OF SOCIAL SECURITY Angelica Maria Rameriz initiated this action on June 18, 2016, seeking judicial review of the 18 decision to deny her application for benefits. (See Doc. 1) By stipulation of the parties, the Court 19 remanded the action for further proceedings pursuant to sentence six of 42 U.S.C. § 405(g), because the 20 claim file associated with Plaintiff’s complaint could not be located. (Doc. 9) 21 Importantly, a sentence six remand “is always interlocutory and never a ‘final’ judgment.” 22 Carrol v. Sullivan, 802 F. Supp. 295, 300 (C.D. Cal. 1992). Therefore, in a sentence-six remand case, 23 the Court retains jurisdiction following the remand for further proceedings. See Melkonyan v. Sullivan, 24 501 U.S. 89, 98 (1991) (district court retains jurisdiction over Social Security cases remanded under 25 sentence six of 42 U.S.C. § 405(g)). Thus, the Court retained jurisdiction in this action, which must 26 return to the Court following completion of the administrative proceedings for final judgement to 27 28 1 Nancy A. Berryhill is now Acting Commissioner of Social Security. Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, the Court substitutes Nancy A. Berryhill for her predecessor, Carolyn W. Colvin, as the defendant. 1 1 entered, or for the action to be dismissed. Id.; see also Shalala v. Schaefer, 509 U.S. 292, 298-300 2 (1993). 3 The parties report that following the Court’s remand, “an administrative law judge… issued a 4 fully favorable decision in Plaintiff’s case” on July 28, 2017 (Doc. 12 at 1; Doc. 12-1 at 2) Therefore, 5 on February 8, 2018, the parties stipulated that the action be re-opened and agree that “judgment should 6 be entered for Plaintiff.” (Doc. 12 at 2) Because the administrative proceedings were resolved in favor 7 of Plaintiff, it is appropriate for the Court to re-open the matter and enter judgment in favor of Plaintiff, 8 as requested by the parties. See Melkonyan, 501 U.S. at 98. Accordingly, the Court ORDERS: 9 1. The joint request to re-open the matter is GRANTED; and 10 2. The Clerk of Court is DIRECTED to enter judgment in favor of Plaintiff Angelica 11 Maria Ramirez and against Defendant, Nancy Berryhill, Acting Commissioner of Social 12 Security. 13 14 15 16 IT IS SO ORDERED. Dated: February 12, 2018 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 2

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