(SS) Henderson Jr. v. Commissioner of Social Security
Filing
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ORDER GRANTING Parties' Stipulated 13 Motion to Remand Under Sentence Four of 42 USC 405(g), Reversing Final Decision and Remanding Case, signed by Magistrate Judge Helena M. Barch-Kuchta on 10/25/2024. CASE CLOSED. (Marrujo, C)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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KEITH LELAND HENDERSON, JR.,
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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-00821-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. 13)
Defendant.
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Pending before the Court is the parties’ joint motion to remand filed October 23, 2024.
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(Doc. No. 13). Plaintiff Keith Leland Henderson, Jr. and the Commissioner of Social Security
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agree that this case should be remanded for further administrative proceedings under sentence
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four of 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
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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).
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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. As agreed upon by the parties, upon remand, the Appeals Council
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will remand the case to an administrative law judge (ALJ) for 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 joint motion to
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remand (Doc. No. 13) 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:
October 25, 2024
HELENA M. BARCH-KUCHTA
UNITED STATES MAGISTRATE JUDGE
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