(SS) Kajitani v. Commissioner of Social Security

Filing 13

ORDER GRANTING Parties' Stipulated 12 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 05/08/2024. 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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CATHERINE ANN KAJITANI,

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Plaintiff,

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v.
MARTIN O’MALLEY,
COMMISSIONER OF SOCIAL
SECURITY,

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Case No. 1:24-cv-00296-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. 12)

Defendant.

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Pending before the Court is the parties’ joint motion to remand filed May 7, 2024. (Doc.

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No. 12). Plaintiff Catherine Ann Kajitani and the Commissioner of Social Security agree that this

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

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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. 6).

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

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Commissioner’s final decision. As agreed upon by the parties, upon remand, the Commissioner

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will take any necessary action to complete the administrative record, offer Plaintiff a new hearing,

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re-evaluate Plaintiff’s subjective complaints, re-evaluate Plaintiff’s RFC, continue through the

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sequential evaluation process, to include obtaining vocational evidence, as necessary, and issue a

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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 joint motion to

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remand (Doc. No. 12) and REVERSES the Commissioner’s decision. This case is

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REMANDED to the Commissioner of Social Security for further proceedings

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consistent with this Order.

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2. A motion for attorney fees may be filed within thirty (30) days.

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3. 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:

May 8, 2024
HELENA M. BARCH-KUCHTA
UNITED STATES MAGISTRATE JUDGE

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