(SS) Ruelas v. Commissioner of Social Security

Filing 27

ORDER Granting Parties' Stipulated Motion to Remand under Sentence Four of 42 U.S.C. § 405(g), Reversing Final Decision and Remanding Case; ORDER Mooting Plaintiff's Motion for Summary Judgment signed by Magistrate Judge Helena M. Barch-Kuchta on 01/19/2023. CASE CLOSED.(Flores, E)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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HERLINDA RUELAS,

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Plaintiff,

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v.

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KILOLO KIJAKAZI, ACTING
COMMISSIONER OF SOCIAL
SECURITY,

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Defendant.

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Case No. 1:21-cv-00353-HBK
ORDER GRANTING PARTIES’
STIPULATED MOTION TO REMAND
UNDER SENTENCE FOUR OF 42 U.S.C. §
405(g), REVERSING FINAL DECISION AND
REMANDING CASE1
(Doc. No. 26)
ORDER MOOTING PLAINTIFF’S MOTION
FOR SUMMARY JUDGMENT
(Doc. No. 21)

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Pending before the Court is the parties’ stipulated motion to remand filed on January 18,

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2023. (Doc. No. 26). Plaintiff Herlinda Ruelas and the Commissioner of Social Security agree

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that this case should be remanded for further administrative proceedings under sentence four of

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42 U.S.C. § 405(g). (Id.).

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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.

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Both parties have consented to the jurisdiction of a magistrate judge in accordance with 28 U.S.C.
§636(c)(1). (Doc. No. 11).

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See Melkonyan v. Sullivan, 501 U.S. 89, 97-98 (1991) (addressing issue of attorney’s fees under

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the Equal Access to Justice Act and calculating deadline using date of final judgment). The

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Melkonyan court recognized 42 U.S.C. § 405(g) contemplates only two types of remand –

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sentence four or sentence six. Id. at 98. A sentence four remand authorizes a court to enter “a

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judgment affirming, modifying, or reversing the decision of the Secretary, with or without

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resetting the cause for a rehearing.” Id. (other citations omitted).

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The Court grants the parties’ motion to remand under sentence four and reverses the

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Commissioner’s final decision. On remand, the Commissioner shall further develop the record as

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necessary, and issue a new decision.

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Accordingly, it is ORDERED:

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1. Pursuant to sentence four of 42 U.S.C.§ 405(g), the Court grants the stipulated motion

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to remand (Doc. No. 26) and REVERSES the Commissioner’s decision. This case is

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REMANDED to the Commissioner of Social Security consistent with this Order.

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

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3. Plaintiff’s Motion for Summary Judgment (Doc. No. 21) is MOOT.

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4. The Clerk shall enter judgment in favor of Plaintiff, terminate any deadlines, and close

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this case.

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Dated:

January 19, 2023
HELENA M. BARCH-KUCHTA
UNITED STATES MAGISTRATE JUDGE

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