(SS)Moncibaiz v. Commissioner of Social Security

Opinion

ROCIO MONCIBAIZ, Case No. 1:20-cv-01649-HBK Plaintiff, ORDER APPROVING PARTIES’ JOINT STIPULATION UNDER SENTENCE FOUR v. OF 42 U.S.C. § 405(g) AND REVERSING FINAL DECISION AND REMANDING SECURITY, (Doc. No. 15) Defendant. ORDER TO TERMINATE ALL PENDING MOTIONS AND DEADLINES

Pending before the Court is the parties’ Stipulation for Remand filed October 13, 2021. (Doc. No. 15). Plaintiff Rocio Moncibaiz and the Commissioner of Social Security jointly stipulate to remand this case for further administrative proceedings under sentence four of 42 U.S.C. § 405(g) and for judgment to be entered in Plaintiff’s favor. (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 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). Here, the parties’ stipulation and proposed order seeks remand under sentence four and reversal of the Commissioner’s final decision. (Doc. 15 at 1-2). The parties further stipulate that the Administrative Law Judge “will reevaluate the medical evidence, including, but not limited to, evaluating the medical opinion evidence pursuant to 20 C.F.R. §§ 404.1520” and “conduct any necessary further proceedings” before issue a new decision. (Jd. at 2). Accordingly, it is now ORDERED: 1. The Court APPROVES the parties’ Joint Stipulation (Doc. No. 15). 2. The Commissioner of Social Security’s decision is REVERSED, judgment shall be entered in favor of Plaintiff, and this case is REMANDED to the Commissioner of Social Security for further proceedings consistent with the parties’ Joint Stipulation and this Order under 42 U.S.C. § 405(g), sentence four. 3. The Clerk is respectfully requested to terminate any pending motions/deadlines and close this case. Dated: _ October 14, 2021 Mihaw. Wh. foareh Zaskth HELENA M. BARCH-KUCHTA UNITED STATES MAGISTRATE JUDGE