(SS) Brisk v. Commissioner of Social Security

Filing 23

STIPULATION to Remand and ORDER, signed by Magistrate Judge Barbara A. McAuliffe on 05/09/2022. CASE CLOSED. (Maldonado, C)

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PHILLIP A. TALBERT
United States Attorney
NICOLE JABAILY
Acting Regional Chief Counsel, Region X
DAVID J. BURDETT, WSBA #29081
Special Assistant United States Attorney
701 5th Ave., Suite 2900 M/S 221A
Seattle, WA 98104
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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Attorneys for Defendant

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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FRESNO DIVISION

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CARL P. BRISK,
Plaintiff,

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vs.
KILOLO KIJAKAZI,
Acting Commissioner of Social Security,

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Defendant.

) Case No.: 1:21-cv-00430-BAK (BAM)
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) STIPULATION TO REMAND AND
) ORDER
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IT IS STIPULATED by and between Carl. P. Brisk (Plaintiff) and 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 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 further evaluate
Plaintiff’s residing in a structured setting. The parties further request that the Court direct the

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Stip. to Remand; 1:21-cv-00430-JLT

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Clerk of the Court to enter a final judgment in favor of Plaintiff, and against Defendant,

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reversing the final decision of the Commissioner.

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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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Respectfully submitted this 6th day of May, 2022.

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Dated: May 9, 2022

/s/ David J. Burdett for
JONATHAN O. PEÑA
Attorney for Plaintiff
*Authorized via e-mail on May 5, 2022

Dated: May 9, 2022

PHILLIP A. TALBERT
United States Attorney
NICOLE JABAILY
Acting Regional Chief Counsel, Region X
Social Security Administration

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By:

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Attorneys for Defendant

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/s/ David J. Burdett
DAVID J. BURDETT
Special Assistant United States Attorney

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Stip. to Remand; 1:21-cv-00430-JLT

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ORDER

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Based upon the parties’ Stipulation to Voluntary Remand Pursuant to Sentence Four of

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42 U.S.C. § 405(g) and to Entry of Judgment (“Stipulation to Remand”), and for cause shown,

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IT IS ORDERED that the above-captioned action is remanded to the Commissioner of Social

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Security for further proceedings consistent with the terms of the Stipulation to Remand. The

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Clerk of the Court is directed to enter a final judgment in favor of Plaintiff, and against

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Defendant, reversing the final decision of the Commissioner.

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IT IS SO ORDERED.

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Dated:

May 9, 2022

/s/ Barbara

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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Stip. to Remand; 1:21-cv-00430-JLT