(SS) Ramirez v. Commissioner of Social Security

Filing 15

STIPULATION and ORDER for Voluntary Remand Pursuant to Sentence Four of 42 U.S.C. § 405(g) signed by Magistrate Judge Erica P. Grosjean on 9/7/2021. CASE CLOSED. (Sant Agata, S)

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Case 1:20-cv-01750-EPG Document 15 Filed 09/07/21 Page 1 of 3 1 2 3 4 5 6 7 8 PHILLIP A. TALBERT United States Attorney DEBORAH LEE STACHEL Regional Chief Counsel, Region IX Social Security Administration CASPAR CHAN, CSBN 294804 Special Assistant United States Attorney 160 Spear Street, Suite 800 San Francisco, CA 94105 Telephone: 510-970-4810 Facsimile: 415-744-0134 Email: caspar.chan@ssa.gov Attorneys for Defendant 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 FRESNO DIVISION 12 13 GIAVONNA RAMIREZ, Plaintiff, 14 vs. 15 16 17 KILOLO KIJAKAZI,1 Acting Commissioner of Social Security, 18 ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 1:20-cv-01750-EPG STIPULATION AND ORDER FOR VOLUNTARY REMAND PURSUANT TO SENTENCE FOUR OF 42. U.S.C. § 405(g) Defendant. 19 20 21 22 23 24 25 26 27 28 1 Kilolo Kijakazi became the Acting Commissioner of Social Security on July 9, 2021. Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Kilolo Kijakazi should be substituted, therefore, for Andrew Saul as the defendant in this suit. No further action need be taken to continue this suit by reason of the last sentence of section 205(g) of the Social Security Act, 42 U.S.C. § 405(g). Stipulation for Remand: 1:20-cv-01750-EPG 1 Case 1:20-cv-01750-EPG Document 15 Filed 09/07/21 Page 2 of 3 1 IT IS HEREBY STIPULATED by the parties, through their undersigned attorneys, that 2 this action be remanded for further administrative action pursuant to section 205(g) of the Social 3 Security Act, as amended, 42 U.S.C. section 405(g), sentence four. 4 On remand, the Appeals Council will remand the case to an administrative law judge 5 (ALJ) for a new decision. The Appeals Council will instruct the ALJ to reevaluate the medical 6 evidence, including, but not limited to, all medical-source opinion evidence concerning physical 7 and mental impairments, and explain the persuasiveness given to the opinion evidence. The 8 Appeals Council will instruct the ALJ to take further action, as warranted, to complete the 9 administrative record and resolve the above issues. 10 11 The parties further request that the Clerk of the Court be directed to enter a final judgment in favor of Plaintiff, and against Defendant, reversing the final decision of the Commissioner. 12 Respectfully submitted, 13 14 Date: September 7, 2021 By: /s/ Caspar Chan for Shellie Lott * SHELLIE LOTT *Authorized by email on September 7, 2021 Attorneys for Plaintiff 15 16 17 18 LOTT LAW OFFICES Date: September 7, 2021 19 20 PHILIP A. TALBERT Acting United States Attorney Eastern District of California By: /s/ Caspar Chan CASPAR CHAN Special Assistant United States Attorney Attorneys for Defendant 21 22 23 24 25 26 27 28 Stipulation for Remand: 1:20-cv-01750-EPG 2 Case 1:20-cv-01750-EPG Document 15 Filed 09/07/21 Page 3 of 3 ORDER 1 2 3 4 5 6 7 Based upon the parties’ Stipulation for Voluntary Remand Pursuant to Sentence Four of 42 U.S.C. § 405(g) (“Stipulation to Remand”) (ECF No. 14), IT IS HEREBY ORDERED that the above-captioned action is remanded to the Commissioner of Social Security for further proceedings consistent with the terms of the Stipulation to Remand. The Clerk of the Court is directed to enter a judgment in favor of Plaintiff and against Defendant. IT IS SO ORDERED. 8 9 Dated: September 7, 2021 /s/ UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Stipulation for Remand: 1:20-cv-01750-EPG 3

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