ANGEL L. ARIZMENDI v. UNITED STATES

Opinion

KIMBERLY A. SANCHEZ Acting United States Attorney MATHEW W. PILE, WSBN 32245 Associate General Counsel Office of Program Litigation, Office 7 Social Security Administration SATHYA OUM Special Assistant United States Attorney 6401 Security Boulevard Baltimore, Maryland 21235 Telephone: (510) 970-4846 E-Mail: Sathya.Oum@ssa.gov Attorneys for Defendant

) Case No.: 1:19-cv-01506-BAM ANGEL L. ARIZMENDI, ) ) STIPULATION TO REOPEN CASE AND Plaintiff, ) SET BRIEFING SCHEDULE; ) [PROPOSED] ORDER vs. ) ) COMMISSIONER OF SOCIAL SECURITY, ) ) ) Defendant. ) ) The parties, through their undersigned counsel, hereby stipulate that the Court reopen this case and set a briefing schedule. In support of this stipulation, the Parties state: Plaintiff instituted this civil action to appeal an adverse decision of the Commissioner denying his application for Disability Insurance Benefits under Title II of the Act. On October 6, 2021, the Court remanded this case to the Commissioner pursuant to the sixth sentence of 42 U.S.C. § 405(g). After a sentence six remand, the Commissioner is statutorily required to return to the district court and file “any such additional and modified findings of fact and decision . . . .” 42 U.S.C. § 405(g); see also Melkonyan v. Sullivan, 501 U.S. 89, 98 (1991) (explaining that a district court retains jurisdiction over Social Security cases remanded under 42 U.S.C. § 405(g), sentence six, and where the final administrative decision is not fully favorable to the claimant, the Commissioner must return to court after completion of the administrative proceedings, inform the Court of his findings of fact and decision, and file a transcript of the administrative record). The Commissioner now returns to this Court to report that the post remand administrative proceedings have concluded. On remand, the Commissioner, through an administrative law judge (ALJ), issued an unfavorable decision, dated November 27, 2023, finding Plaintiff not disabled within the meaning of the Act. The time has expired for Plaintiff to file exceptions to the ALJ’s decision and for the Appeals Council to review the case on its own motion. 20 C.F.R. § 404.984. Accordingly, the administrative proceedings are complete, and this case is ready for further district court proceedings. See Carrol v. Sullivan, 802 F. Supp. 295, 300 (C.D. Cal. 1992) (“[A] sentence six remand, because of clear language in the social security statute, implies and necessarily involves a reservation of jurisdiction for the future and contemplates further proceedings in the district court and a final judgment at the conclusion thereof. A sentence six remand judgment . . . is therefore always interlocutory and never a ‘final’ judgment.”) (paraphrasing and quoting Melkonyan). The Parties respectfully request that the Court reopen this case to resolve its sentence six jurisdiction. Upon reopening, the Parties respectfully request that the Court set the following briefing schedule for Plaintiff’s challenge to the Commissioner’s unfavorable decision: • Defendant will file the Certified Administrative Record (“CAR”) within 14 days of the entry of the Court’s scheduling order; • Plaintiff will file an Opening Brief within 30 days of the date the CAR is filed; • Defendant will file a Responsive Brief within 30 days of the date the Opening Brief is filed; and • Plaintiff may file an Optional Reply Brief within 14 days of the date the response is filed. Dated: August 5, 2025 Respectfully submitted,

/s/ Shellie Lott* (*as authorized via e-mail on July 28, 2025) SHELLIE LOTT Attorney for Plaintiff

KIMBERLY A. SANCHEZ Acting United States Attorney MATHEW W. PILE Associate General Counsel Social Security Administration

By: /s/ Sathya Oum SATHYA OUM Special Assistant United States Attorney Attorneys for Defendant

ORDER Based upon the parties’ Stipulation, and for cause shown, IT IS ORDERED that • The Certified Administrative Record (“CAR”) is due within 14 days of the entry of this Order; • Plaintiff’s Opening Brief is due within 30 days of the date the CAR is filed; • Defendant’s Responsive Brief is due within 30 days of the date the Opening Brief is filed; and • Plaintiff’s Optional Reply Brief is due within 14 days of the date the response is filed.

Dated: September 22, 2025 /s/ Barbara A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE