(SS) Yang v. Commissioner of Social Security

Filing 15

STIPULATION TO VOLUNTARY REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(g) AND TO ENTRY OF JUDGMENT; ORDER, signed by Magistrate Judge Gary S. Austin on 05/09/2022. CASE CLOSED(Martin-Gill, S)

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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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JAMES YANG,
Plaintiff,
v.
KILOLO KIJAKAZI1,
Acting Commissioner of Social Security,
Defendant.

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CIVIL NO. 1:21-cv-01241-GSA (SS)
STIPULATION TO VOLUNTARY
REMAND PURSUANT TO SENTENCE
FOUR OF 42 U.S.C. § 405(g) AND TO
ENTRY OF JUDGMENT; ORDER

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IT IS HEREBY STIPULATED by and between the parties, through their undersigned

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attorneys, and with the approval of the Court, that this action be remanded for further

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administrative action pursuant to the Social Security Act § 205(g), as amended, 42 U.S.C.

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§ 405(g), sentence four. On remand, the Appeals Council will remand the case to an

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administrative law judge (ALJ) for a new decision. The parties further request that the Court

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direct the Clerk of the Court to enter a final judgment in favor of Plaintiff, and against
Defendant, reversing the final decision of the Acting Commissioner.

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Respectfully submitted this 6th day of May 2022.

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Dated: May 6, 2022

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/s/ Jonathan Omar Pena*
JONATHAN OMA PENA
Attorney for Plaintiff
*Authorized via e-mail on May 6, 2022

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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).

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PHILLIP A. TALBERT
United States Attorney
PETER THOMPSON
Acting Chief Counsel, Region IX
Social Security Administration

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By:

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/s/ Patrick William Snyder
PATRICK WILLIAM SNYDER
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, and for cause shown, IT IS ORDERED that the

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above-captioned action is remanded to the Acting Commissioner of Social Security for further

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proceedings pursuant to the Social Security Act § 205(g), as amended, 42 U.S.C. § 405(g),

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sentence four. On remand, the Appeals Council will remand the case to an administrative law

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judge for a new decision in accordance with the parties’ Stipulation. The Clerk of the Court is

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directed to enter a final judgment in favor of Plaintiff, and against Defendant, reversing the final
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decision of the Acting Commissioner.

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IT IS SO ORDERED.
Dated:

May 9, 2022

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE