(SS) Marshall v. Commissioner of Social Security

Good Law
United States District Court, Eastern District of CaliforniaApril 25, 20221:21-cv-00582California434 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CRYSTAL MARSHALL, Case No. 1:21-cv-00582-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 Defendant. (Doc. No. 15) ORDER FINDING MOTION FOR

SUMMARY JUDGMENT MOOT

17 (Doc. No. 13) 18 19 Pending before the Court is the parties’ Joint Motion to Remand filed on April 21, 2022 (Doc. No. 15). Plaintiff Crystal Marshall 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. at 1). 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…

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