Opinion
1:21-cv-00683-BAK
04-05-2022
DAMIAN KARL SCHENEWARK, Plaintiff, v. KILOLO KIJAKAZI, COMMISSIONER OF Social Security, [1] Defendant.
ORDER GRANTING PARTIES' JOINT MOTION TO REMAND UNDER SENTENCE FOUR OF 42 U.S.C. § 405(g), REVERSING FINAL DECISION AND REMANDING CASE (DOC. NO. 18) ORDER TO TERMINATE ALL PENDING MOTIONS AND DEADLINES
Both parties have consented to the jurisdiction of a magistrate judge, in accordance with 28 U.S.C. §636(c)(1). (Doc. No. 19).
HELENA M. BARCH-KUCHTA, UNITED STATES MAGISTRATE JUDGE.
Pending before the Court is the Parties' Joint Motion to Remand filed March 31, 2022. (Doc. No. 18). Plaintiff Damian Karl Schenewark 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. 1 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 -sentence four or sentence six. Id. at 98. A sentence four remand authorizes a court to enter “a judgment affirming, modifying, or reversing the decision of the Secretary, with or without resetting the cause for a rehearing.” Id. at 98 (other citations omitted).
The Court grants the Parties' motion to remand under sentence four and reverses the Commissioner's final decision. As agreed by the Parties, upon remand, the Administrative Law Judge should “re-evaluate the medical opinion evidence of record.” (Doc, No. 18 at 1).
Accordingly, it is ORDERED:
1. Pursuant to sentence four of 42 U.S.C.§ 405(g), the Court REVERSES the Commissioner's decision and REMANDS this case back to the Commissioner of Social Security for further proceedings consistent with this Order.
2. An application for attorney fees may be filed by separate motion.
3. The Clerk shall enter judgment in favor of Plaintiff, terminate any pending motions and deadlines, and close this case. 2