(SS) Lua Lua v. Commissioner of Social Security

Filing 19

ORDER to Remand, signed by Magistrate Judge Sheila K. Oberto on 7/28/2022. CASE CLOSED. (Marrujo, C)

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PHILLIP A. TALBERT
United States Attorney
PETER K. THOMPSON (HI 5890)
Acting Regional Chief Counsel
MARGARET LEHRKIND, CSBN 314717
Special Assistant United States Attorney
160 Spear Street, Suite 800
San Francisco, CA 94105
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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FRESNO DIVISION

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)
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Plaintiff,
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vs.
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COMMISSIONER OF SOCIAL SECURITY, )
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Defendant.
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JUAN JOSE LUA LUA,

Case No.: 1:21-cv-01131-SKO
STIPULATION TO REMAND AND
ORDER
(Doc. 18)

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IT IS STIPULATED by and between Juan Jose Lua Lua (Plaintiff) and Kilolo Kijakazi,

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Acting Commissioner of Social Security (Defendant), through their undersigned counsel of

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

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for further administrative proceedings.

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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
Plaintiff’s subjective complaints, evaluate the medical opinion evidence in accordance with
20 C.F.R. § 404.1520c, re-evaluate Plaintiff’s residual functional capacity, take further action to
complete the administrative record, and issue a new decision. The parties further request that

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Stip. to Remand; 1:21-cv-01131-SKO

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the Court direct the Clerk of the Court 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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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 27th day of July, 2022.

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Dated: July 28, 2022

/s/ Jonathan Pena
JONATHAN PENA
Attorney for Plaintiff
(as approved via email)

Dated: July 28, 2022

PHILLIP A. TALBERT
United States Attorney

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By:

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/s/ Margaret Lehrkind
MARGARET LEHRKIND
Special Assistant United States Attorney

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Attorneys for Defendant

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ORDER
Based upon the parties’ Stipulation to Voluntary Remand Pursuant to Sentence Four of
42 U.S.C. § 405(g) and to Entry of Judgment (“Stipulation to Remand”) (Doc. 18), and for cause
shown, IT IS 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 Court shall enter a final judgment in favor of Plaintiff, and against Defendant,
vacating and reversing the final decision of the Commissioner.

The Clerk shall also

administratively close this file.

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IT IS SO ORDERED.
Dated:

July 28, 2022

/s/ Sheila K. Oberto

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UNITED STATES MAGISTRATE JUDGE
Stip. to Remand; 1:21-cv-01131-SKO