(SS) Valero v. Commissioner of Social Security

Filing 15

ORDER GRANTING 14 Parties' Stipulated Motion to Remand Under Sentence Four of 42 U.S.C. 405(g), Reversing Final Decision and Remanding Case; ORDER Mooting 12 Plaintiff's Motion for Summary Judgment, signed by Magistrate Judge Helena M. Barch-Kuchta on 05/13/2024. CASE CLOSED.(Maldonado, C)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ALFONSO VALERO, 12 Plaintiff, 13 v. MARTIN O’MALLEY, COMMISSIONER OF SOCIAL SECURITY, 14 15 16 Defendant. 17 Case No. 1:24-cv-00058-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. 14) ORDER MOOTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT (Doc. No. 12) 18 19 Pending before the Court is the parties’ joint motion to remand filed May 9, 2024. (Doc. 20 21 No. 14). Plaintiff Alfonso Valero and the Commissioner of Social Security agree that this case 22 should be remanded for further administrative proceedings under sentence four of 42 U.S.C. § 23 405(g). (Id.). 24 25 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. 26 1 27 28 Both parties have consented to the jurisdiction of a magistrate judge in accordance with 28 U.S.C. §636(c)(1). (Doc. No. 6). 1 See Melkonyan v. Sullivan, 501 U.S. 89, 97-98 (1991) (addressing issue of attorney’s fees under 2 the Equal Access to Justice Act and calculating deadline using date of final judgment). The 3 Melkonyan court recognized 42 U.S.C. § 405(g) contemplates only two types of remand – 4 sentence four or sentence six. Id. at 98. A sentence four remand authorizes a court to enter “a 5 judgment affirming, modifying, or reversing the decision of the Secretary, with or without 6 resetting the cause for a rehearing.” Id. (other citations omitted). The Court grants the parties’ motion to remand under sentence four and reverses the 7 8 Commissioner’s final decision. As agreed upon by the parties, upon remand, the Commissioner 9 will further develop the record as necessary, offer Plaintiff the opportunity for a new hearing, and 10 issue a new decision. 11 Accordingly, it is ORDERED: 12 1. Pursuant to sentence four of 42 U.S.C.§ 405(g), the Court grants the joint motion to 13 remand (Doc. No. 14) and REVERSES the Commissioner’s decision. This case is 14 REMANDED to the Commissioner of Social Security for further proceedings 15 consistent with this Order. 16 2. A motion for attorney fees may be filed within thirty (30) days. 17 3. Plaintiff’s Motion for Summary Judgment (Doc. No. 12) is MOOT. 18 4. The Clerk shall enter judgment in favor of Plaintiff, terminate any deadlines, and close 19 this case. 20 21 22 Dated: May 13, 2024 HELENA M. BARCH-KUCHTA UNITED STATES MAGISTRATE JUDGE 23 24 25 26 27 28 2

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