(SS) Moreno v. Commissioner of Social Security

Filing 17

STIPULATION and ORDER to Voluntary Remand Pursuant to Sentence Four of 42 U.S.C. § 405(g) signed by Magistrate Judge Sheila K. Oberto on 01/05/2021 CASE CLOSED.(Flores, E)

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McGREGOR W. SCOTT
United States Attorney
DEBORAH LEE STACHEL, CA SBN 230138
Regional Chief Counsel, Region IX
Social Security Administration
ELLINOR R. CODER, CA SBN 258258
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

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FRESNO DIVISION

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JUANITA MORENO,
Plaintiff,
v.
ANDREW SAUL,
Commissioner of Social Security,
Defendant.

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CIVIL NO. 1:20-cv-00335-SKO
STIPULATION TO VOLUNTARY
REMAND PURSUANT TO SENTENCE
FOUR OF 42 U.S.C. § 405(g) AND TO
ENTRY OF JUDGMENT; ORDER
(Doc. 16)

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IT IS STIPULATED by and between Plaintiff (“Plaintiff”) and Defendant Andrew Saul,

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Commissioner of Social Security (“Defendant”), through their undersigned counsel of record,

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that the above-entitled action shall be remanded to the Commissioner of Social Security for

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further administrative proceedings.

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Upon remand, the Office of Hearing Operations will remand the case to an

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Administrative Law Judge (ALJ) for a new decision, and instruct the ALJ to re-evaluate the

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evidence of record. The parties further request that the Court direct the Clerk of the Court to

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enter a final judgment in favor of Plaintiff, and against Defendant, reversing the final decision of

STIPULATION TO REMAND; ORDER

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

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Dated: January 4, 2021

/s/ Francesco Benavides*
FRANCESCO BENAVIDES
Attorney for Plaintiff
*Authorized via e-mail on Jan. 4, 2021

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MCGREGOR W. SCOTT
United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX
Social Security Administration

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By:

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/s/ Ellinor R. Coder
ELLINOR R. CODER
Special Assistant United States Attorney

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Attorneys for Defendant

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ORDER
Based upon the parties’ above “Stipulation to Voluntary Remand Pursuant to Sentence
Four of 42 U.S.C. § 405(g) and to Entry of Judgment” (the “Stipulation”) (Doc. 16), and for
cause shown, IT IS ORDERED that the above-captioned action is REMANDED to the
Commissioner of Social Security for further proceedings pursuant to the Social Security Act §
205(g), as amended, 42 U.S.C. § 405(g), sentence four. On remand, the Appeals Council will
remand the case to an administrative law judge for a new decision in accordance with the
Stipulation.
The Clerk of Court is hereby DIRECTED to: (1) enter judgment in favor of Plaintiff
Juanita Moreno and against Defendant Andrew Saul, Commissioner of Social Security; and (2)
administratively close this file.

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STIPULATION TO REMAND; ORDER

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IT IS SO ORDERED.
Dated:

January 5, 2021

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

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STIPULATION TO REMAND; ORDER

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