(SS) Wilson v. Commissioner of Social Security

Good Law
United States District Court, Eastern District of CaliforniaApril 18, 20231:22-cv-00429California511 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 STACY ANN WILSON, Case No. 1:22-cv-00429-ADA-CDB (SS)

Plaintiff, FINDINGS AND RECOMMENDATION ON

PARTIES’ STIPULATION TO GRANT

v. VOLUNTARY REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(g) COMMISSIONER OF SOCIAL AND TO ENTER JUDGMENT

SECURITY,

(Doc. 23) Defendant.

17 Before the Court is the parties’ Stipulation to Voluntary Remand Pursuant to sentence four of 42 U.S.C. § 405(g) and to Entry of Judgment, filed April 14, 2023. (Doc. 23).1 The United States Supreme Court holds 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 and calculating deadline using date of final judgment). The Melkonyan Court recognized 42 U.S.C. § 405(g) contemplates only two types of remand – 25 …

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