(SS) Hernandez v. Commissioner of Social Security

Good Law
United States District Court, Eastern District of CaliforniaMay 25, 20221:21-cv-01517California491 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 STEVEN HERNANDEZ, Case No. 1:21-cv-01517-BAK(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

COMMISSIONER OF SOCIAL CASE1

SECURITY,

(Doc. No. 14) Defendant. ORDER FINDING MOTION FOR

SUMMARY JUDGMENT MOOT

17 (Doc. No. 12) 18 Pending before the Court is the parties’ Joint Motion to Remand filed on May 24, 2022. (Doc. No. 14). Plaintiff Steven Hernandez 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…

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