(SS) Murillo v. Commissioner of Social Security

Filing 25

STIPULATION and ORDER to REMAND signed by Magistrate Judge Erica P. Grosjean on 5/9/2022. CASE CLOSED. (Sant Agata, S)

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7 PHILLIP A. TALBERT United States Attorney LISA A. THOMAS Regional Chief Counsel, Region VII SARAH E. PRESTON, MO BAR 60154 Special Assistant United States Attorney 601 E 12th Street, Suite 965 Kansas City, MO 64106 Telephone: (816) 936-5931 Facsimile: (833) 950-3518 Email: Sarah.Preston@ssa.gov 8 Attorneys for Defendant 1 2 3 4 5 6 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 FRESNO DIVISION 12 13 14 15 16 17 18 ) Case No.: 1:21-cv-00355-EPG ) ) STIPULATED MOTION TO REMAND Plaintiff, ) ) (ECF No. 24) vs. ) ) COMMISSIONER OF SOCIAL SECURITY, ) ) ) Defendant. ) ) LILIAN NORA MURILLO, 19 20 IT IS STIPULATED by and between Lilian Nora Murillo (Plaintiff) and Kilolo 21 Kijakazi, Acting Commissioner of Social Security (“Defendant”), through their undersigned 22 counsel of record, that the above-entitled action shall be remanded to the Commissioner of 23 24 25 Social Security for further administrative proceedings. Upon remand, the Office of Hearing Operations will remand the case to an Administrative Law Judge (ALJ) for a new decision, and instruct the ALJ to re-evaluate the 26 medical and opinion evidence of record. The parties further request that the Court direct the 27 28 1 1 Clerk of the Court to enter a final judgment in favor of Plaintiff, and against Defendant, 2 reversing the final decision of the Commissioner. 3 4 5 This stipulation constitutes a remand under the fourth sentence of Section 205(g) of the Social Security Act, 42 U.S.C. 405(g). Respectfully submitted this 6th day of May 2022. 6 7 Dated: May 9, 2022 /s/ Dolly M. Trompeter, Esq.* DOLLY M. TROMPETER, ESQ. Attorney for Plaintiff *Authorized via e-mail on May 6, 2022 Dated: May 9, 2022 PHILLIP A. TALBERT United States Attorney LISA A. THOMAS Regional Chief Counsel, Region VII Social Security Administration 8 9 10 11 12 13 14 15 16 By: /s/ SARAH E. PRESTON SARAH E. PRESTON Special Assistant United States Attorney Attorneys for Defendant 17 18 19 20 21 22 23 24 25 26 27 28 2 1 2 ORDER Based upon the parties’ Stipulated Motion to Remand (ECF No. 24), and for cause shown, 3 IT IS ORDERED that the above-captioned action is remanded to the Commissioner of Social 4 Security for further proceedings consistent with the terms of the Stipulation. The Clerk of the 5 Court is respectfully directed to enter a judgment in favor of Plaintiff and against Defendant. 6 IT IS SO ORDERED. 7 8 Dated: May 9, 2022 /s/ UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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