Hernandez

Hernandez v. Saul

Good Law
United States District Court, Southern District of CaliforniaJanuary 11, 20243:21-cv-00225California424 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 RAMON HERNANDEZ, Case No.: 21-CV-225-SBC

Plaintiff, ORDER ON PLAINTIFF’S MOTION v. TO ALTER OR AMEND THE

JUDGMENT OF THE COURT

KILOLO KIJAKAZI,

14 Acting Commissioner of Social Security, Defendant. 17 18 Before the Court is Ramon Hernandez’s (“Plaintiff”) Motion to Alter or Amend the Judgment of the Court (“Motion”). (Doc. No. 24.) Plaintiff moves the Court to vacate “the judgment and order entered on December 8, 2023,” and retain jurisdiction over the case on remand. (Doc. No. 22.) Plaintiff explains the Court’s December 8, 2023, Order constituted an order for a sentence six remand under Title 42 U.S.C. section 405(g) (“sentence six”), which requires the Court to vacate the judgment entered on December 8, 2023, until the administrative proceedings on remand are completed. See Akopyan v. Barnhart, 296 F.3d 852, 855 (9th Cir. 2002) (commenting “Unlike sentence four remands, sentence…

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