(SS) Diaz v. Commissioner of Social Security
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ANTHONY DIAZ, Case No. 1:21-cv-00447-AWI-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, CASE
COMMISSIONER OF SOCIAL
SECURITY, (Doc. No. 16) Defendant. 17 18 Pending before the Court is the Parties’ Joint Motion to Remand filed June 17, 2022. (Doc. No. 16). Plaintiff Anthony Diaz 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. Sullian, 501 U.S. 89, 97-98 (1991) (addressing issue of attorney’s fees under the Equal Access to Justice Act…