Mijares v. Secretary of Health and Human Services

MEMORANDUM & ORDER

AMON, District Judge.

I. Introduction

Before the Court is defendant’s motion for judgment on the pleadings pursuant to Fed. R.Civ.P. 12(c) for remand of this case pursuant to sentence four of 42 U.S.C. § 405(g). Plaintiff cross-moves for remand pursuant to sentence six of 42 U.S.C. § 405(g). For the reasons discussed below, the Secretary’s motion is denied and the plaintiffs cross-motion is granted. This case is remanded to the Secretary pursuant to sentence six of 42 U.S.C. § 405(g) and this Court retains jurisdiction accordingly.

II. Background

Plaintiff filed an SSI…