(SS) Purmort v. Commissioner of Social Security

Filing 11

STIPULATION and ORDER to Voluntary Remand Pursuant to Sentence Four of 42 U.S.C. § 405(g) and Entry of Judgment signed by Magistrate Judge Barbara A. McAuliffe on 05/09/2022. CASE CLOSED.(Flores, E)

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PHILLIP A. TALBERT
United States Attorney
PETER THOMPSON
Acting Chief Counsel, Region IX
Social Security Administration
PATRICK SNYDER
Special Assistant United States Attorney
160 Spear Street, Suite 800
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]
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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SUSAN C. PURMORT,
Plaintiff,
v.
KILOLO KIJAKAZI1,
Acting Commissioner of Social Security,
Defendant.

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CIVIL NO. 1:21-cv-01244-BAM (SS)
STIPULATION TO VOLUNTARY
REMAND PURSUANT TO SENTENCE
FOUR OF 42 U.S.C. § 405(g) AND TO
ENTRY OF JUDGMENT; ORDER

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
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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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 TO REMAND; 1:21-CV-01244-BAM (SS)

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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

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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

/s/ Melissa Newel*
MELISSA NEWEL
Attorney for Plaintiff
*Authorized via e-mail on May 6, 2022

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

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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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By:

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STIPULATION TO REMAND; 1:21-CV-01244-BAM (SS)

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ORDER
Based upon the parties’ stipulation to Voluntary Remand Pursuant to Sentence Four of 42

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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 Commissioner.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

May 9, 2022

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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STIPULATION TO REMAND; 1:21-CV-01244-BAM (SS)