(SS) Scott v. Commissioner of Social Security

Good Law
United States District Court, Eastern District of CaliforniaNovember 18, 20221:22-cv-00736California414 words

Opinion

trial_court Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOANN SCOTT, Case No. 1:22-cv-00736-HBK 12 Plaintiff, ORDER GRANTING PARTIES’ JOINT

MOTION TO REMAND UNDER SENTENCE

13 v. FOUR OF 42 U.S.C. § 405(g), REVERSING

FINAL DECISION AND REMANDING

14 KILOLO KIJAKAZI, CASE1

COMMISSIONER OF SOCIAL

15 SECURITY, (Doc. No. 13) 16 Defendant. 17 18 Pending before the Court is the parties’ Joint Motion to Remand filed November 17, 2022. 19 (Doc. No. 13). Plaintiff Joann Scott and the Commissioner of Social Security agree that this case 20 should be remanded for further administrative proceedings under sentence four of 42 U.S.C. § 21 405(g). (Id.). 22 The United States Supreme Court held that the Social Security Act permits remand in 23 conjunction with a judgment either affirming, reversing, or modifying the Secretary’s decision. 24 See Melkonyan v. Sullian, 501 U.S. 89, 97-98 (1991) (addressing issue of attorney’s fees under 25 the Equal Access to Justice Act and…

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