Opinion
Case No.: 1:08-cv-00525 JLT
10-04-2011
GLENDA DAVIS, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant.
ORDER TO GRANTING MOTION TO
REOPEN THE ACTION
(Doc. 22)
On November 9, 2010, Defendant Michael J. Astrue, Commissioner of Social Security ("Defendant") moved for an order reopening this action. (Doc. 22). By stipulation of the parties, the Court remanded this action on September 5, 2008 pursuant to sentence six of 42 U.S.C. § 405(g) because the record was incomplete. (Doc. 11). According to Defendant, "an administrative law judge held a de novo hearing and issue[d] a new decision, and the agency has completed a certified administrative record." (Doc. 22 at 1). Therefore, Defendant "is prepared to file his answer and the certified administrative record." Id.
Importantly, a sentence six remand "is always interlocutory and never a 'final' judgment." Carrol v. Sullivan, 802 F. Supp. 295, 300 (C.D. Cal. 1992). Therefore, in a sentence-six remand case, the Court retains jurisdiction following the remand. See Melkonyan v. Sullivan, 501 U.S. 89, 98 (1991) (district court retains jurisdiction over Social Security cases remanded under sentence six of 42 U.S.C. § 405(g), and where the final administrative decision is favorable to one party or the other, the Commissioner is to return to the court following completion of the administrative proceedings on remand so that the court may enter a final judgement or, as in this case, a dismissal); see also Shalala v. Schaefer, 509 U.S. 292, 298-300 (1993). Therefore, it is appropriate for the Court to re-open the action for resolution of the case.
Accordingly, IT IS HEREBY ORDERED: Defendant's motion to reopen the action is GRANTED.
IT IS SO ORDERED.
Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE