(SS) Scott v. Commissioner of Social Security

Opinion

JOANN SCOTT, Case No. 1:22-cv-00736-HBK Plaintiff, ORDER GRANTING PARTIES’ JOINT MOTION TO REMAND UNDER SENTENCE v. FOUR OF 42 U.S.C. § 405(g), REVERSING FINAL DECISION AND REMANDING KILOLO KIJAKAZI, CASE1 COMMISSIONER OF SOCIAL SECURITY, (Doc. No. 13) Defendant. Pending before the Court is the parties’ Joint Motion to Remand filed November 17, 2022. (Doc. No. 13). Plaintiff Joann Scott and the Commissioner of Social Security agree that this case should be remanded for further administrative proceedings under sentence four of 42 U.S.C. § 405(g). (Id.). 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. See Melkonyan v. Sullian, 501 U.S. 89, 97-98 (1991) (addressing issue of attorney’s fees under the Equal Access to Justice Act and calculating deadline using date of final judgment). The

1 Both parties have consented to the jurisdiction of a magistrate judge, in accordance with 28 U.S.C. §636(c)(1). (Doc. No. 11). Melkonyan Court recognized 42 U.S.C. § 405(g) contemplates only two types of remand — sentence four or sentence six. Jd. at 98. A sentence four remand authorizes a court to enter “a judgment affirming, modifying, or reversing the decision of the Secretary, with or without resetting the cause for a rehearing.” Jd. at 98 (other citations omitted). The Court grants the parties’ motion to remand under sentence four and reverses the Commissioner’s final decision. Upon remand, the Administrative Law Judge should re-evaluate the evidence of record and issue a new decision. Accordingly, it is ORDERED: 1. Pursuant to sentence four of 42 U.S.C.§ 405(g), the Court REVERSES the Commissioner’s decision and REMANDS this case back to the Commissioner of Social Security for further proceedings consistent with this Order. 2. An application for attorney fees may be filed by separate motion. 3. The Clerk shall enter judgment in favor of Plaintiff, terminate any pending motions and deadlines, and close this case. '© | Dated: _ November 18, 2022 Mihaw. □□ fares Zackte HELENA M. BARCH-KUCHTA ig UNITED STATES MAGISTRATE JUDGE