(SS) Carr v. Commissioner of Social Security

Good Law
United States District Court, Eastern District of CaliforniaAugust 23, 20241:24-cv-00579California416 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JAMES MICHAEL CARR, Case No. 1:24-cv-00579-HBK Plaintiff, ORDER GRANTING PARTIES’

STIPULATED MOTION TO REMAND

v. UNDER SENTENCE FOUR OF 42 U.S.C. § 405(g), REVERSING FINAL DECISION AND MARTIN O’MALLEY, REMANDING CASE1

COMMISSIONER OF SOCIAL

SECURITY, (Doc. No. 12)

Defendant. 17 18 Pending before the Court is the parties’ joint motion to remand filed August 21, 2024. (Doc. No. 12). Plaintiff James Michael Carr 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. Sullivan, 501 U.S. 89, 97-98 (1991) (addressing issue of attorney’s fees under 26 1 Both parties have…

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