(SS) Sanders v. Commissioner of Social Security
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
RONNIE SANDERS, Case No. 1:18-cv-01388-CDB (SS)
Plaintiff, ORDER ON STIPULATION REOPENING
ACTION
v.
COMMISSIONER OF SOCIAL SECURITY, (Doc. 9)
Defendant.
16 By stipulation of the parties, the Court remanded this action on February 22, 2019, pursuant to sentence six of 42 U.S.C. § 405(g), to the Commissioner for further administrative action. (Docs. 7-8). On January 10, 2023, the parties filed a stipulation to reopen. (Doc. 10). “[S]entence six remands do not constitute final judgments.” Akopyan v. Barnhart, 296 F.3d 852, 855 (9th Cir. 2022). Therefore, in a sentence-six remand case, the Court retains jurisdiction following remand. Melkonyan v. Sullivan, 501 U.S. 89, 98- (1991). The Commissioner is to return to the court following completion of the administrative proceedings on remand so that the court may enter a final judgment. Id.; see also Davis v. Astrue, No. 1:08- cv-00525-JLT, 2011 WL 4620954, *1 (E.D. Cal. Oct. 4, 2011) (reopening action…