(SS) Arizmendi v. Commissioner of Social Security

Filing 17

STIPULATION and ORDER to Voluntary Remand Pursuant to Sentence Six of 42 U.S.C. § 405(g) signed by Magistrate Judge Barbara A. McAuliffe on 10/6/2021. CASE CLOSED. (Sant Agata, S)

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PHILLIP A. TALBERT
Acting United States Attorney
DEBORAH LEE STACHEL, CA SBN 230138
Regional Chief Counsel, Region IX
Social Security Administration
SATHYA OUM, CA SBN 255431
Special Assistant United States Attorney
160 Spear Street, Suite 800
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]

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Attorneys for Defendant

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
FRESNO DIVISION

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ANGEL L. ARIZMENDI,
Plaintiff,
v.
KILOLO KIJAKAZI,
Acting Commissioner of Social Security,
Defendant.

) CIVIL NO. 1:19-cv-01506-BAM
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) STIPULATION TO VOLUNTARY
) REMAND PURSUANT TO SENTENCE
) SIX OF 42 U.S.C. § 405(g); ORDER
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IT IS STIPULATED by and between Plaintiff (“Plaintiff”) and Defendant Kilolo
Kijakazi, Acting Commissioner of Social Security (“Defendant”), through their undersigned
counsel of record, that the above-entitled action shall be remanded to the Commissioner of
Social Security for further administrative action pursuant to section 205(g) of the Social Security
Act, as amended, 42 U.S.C. § 405(g), sentence six.
There is good cause for remand because the Appeals Council has notified agency counsel
that the claim file of the Administrative Law Judge’s (ALJ) decision, dated December 5, 2018
and the recording of the hearing held before the ALJ, cannot be located. Upon receipt of the
remand order from the Court, the Appeals Council will remand the case to the hearing office in
order to locate or reconstruct the administrative record. If the administrative record cannot be

STIPULATION TO REMAND

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located or reconstructed, the Appeals Council will instruct the ALJ to hold a de novo hearing and

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issue a new decision.

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This stipulation constitutes a remand under the sixth sentence of Section 205(g) of the
Social Security Act, 42 U.S.C. 405(g).

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Dated: October 5, 2021

/s/ Shellie Lott*
SHELLIE LOTT
Attorney for Plaintiff
*Authorized via e-mail

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PHILLIP A. TALBERT
Acting United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX
Social Security Administration

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By:

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/s/ Sathya Oum
SATHYA OUM
Special Assistant United States Attorney

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Attorneys for Defendant

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ORDER
Based upon the parties’ Stipulation and for cause shown, IT IS ORDERED that the
above-captioned action is remanded to the Commissioner of Social Security for further
proceedings consistent under sentence six, 42 U.S.C. § 405(g). The Clerk of the Court is directed
to enter a final judgment in favor of Plaintiff, and against Defendant, reversing the final decision
of the Commissioner.
Further, the order to show cause issued on October 1, 2021 (Doc. No. 15), is discharged.

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IT IS SO ORDERED.

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Dated:

October 6, 2021

/s/ Barbara

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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STIPULATION TO REMAND