(SS) Silva v. Commissioner of Social Security

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

DARLENE Y. SILVA, ) Case No.: 1:21-cv-0045 – JLT ) Plaintiff, ) ORDER REOPENING THE MATTER ) v. ) ORDER DIRECTING ENTRY OF JUDGMENT IN ) FAVOR OF PLAINTIFF DARLENE SILVA AND MARTIN O’MALLEY, ) AGAINST DEFENDANT MARTIN O’MALLEY, Commissioner of Social Security1, ) COMMISSIONER OF SOCIAL SECURITY ) Defendant. ) )

Darlene Silva sought judicial review of the administrative decision to deny her application for social security benefits. (See Doc. 1.) The Court remanded the action for further proceedings pursuant to sentence six of 42 U.S.C. § 405(g), due to a lack of information concerning Plaintiff’s second application for benefits. (Doc. 27.) Importantly, a sentence six remand “is always interlocutory and never a ‘final’ judgment.” Carrol v. Sullivan, 802 F. Supp. 295, 300 (C.D. Cal. 1992). Therefore, in a sentence-six remand case, the Court retains…