(SS) Scott v. Commissioner of Social Security

Filing 14

ORDER GRANTING 13 Parties' Joint Motion to Remand Under Sentence Four of 42 U.S.C. § 405(g), REVERSING Final Decision and REMANDING Case, signed by Magistrate Judge Helena M. Barch-Kuchta on 11/18/2022. CASE CLOSED. (Rivera, O)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOANN SCOTT,

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Case No. 1:22-cv-00736-HBK
Plaintiff,

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v.

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KILOLO KIJAKAZI,
COMMISSIONER OF SOCIAL
SECURITY,

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ORDER GRANTING PARTIES’ JOINT
MOTION TO REMAND UNDER SENTENCE
FOUR OF 42 U.S.C. § 405(g), REVERSING
FINAL DECISION AND REMANDING
CASE1
(Doc. No. 13)

Defendant.

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Pending before the Court is the parties’ Joint Motion to Remand filed November 17, 2022.

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(Doc. No. 13). Plaintiff Joann Scott and the Commissioner of Social Security agree that this case

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should be remanded for further administrative proceedings under sentence four of 42 U.S.C. §

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405(g). (Id.).

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The United States Supreme Court held that the Social Security Act permits remand in

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conjunction with a judgment either affirming, reversing, or modifying the Secretary’s decision.

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See Melkonyan v. Sullian, 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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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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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. at 98 (other citations omitted).
The Court grants the parties’ motion to remand under sentence four and reverses the

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Commissioner’s final decision. Upon remand, the Administrative Law Judge should re-evaluate

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the evidence of record 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 REVERSES the

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Commissioner’s decision and REMANDS this case back to the Commissioner of Social Security

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for further proceedings 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. The Clerk shall enter judgment in favor of Plaintiff, terminate any pending motions and

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deadlines, and close this case.

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Dated:

November 18, 2022
HELENA M. BARCH-KUCHTA
UNITED STATES MAGISTRATE JUDGE

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