(SS) Garcia v. Commissioner of Social Security

Filing 12

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 Sheila K. Oberto on 05/06/2022. CASE CLOSED(Martin-Gill, S)

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

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CIVIL NO. 1:21-cv-01252-SKO (SS)
STIPULATION TO VOLUNTARY
REMAND PURSUANT TO SENTENCE
FOUR OF 42 U.S.C. § 405(g) AND TO
ENTRY OF JUDGMENT; ORDER
(Doc. 11)

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 Appeals Council will instruct the ALJ to

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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; ORDER 1:21-CV-01252-SKO (SS)

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offer Plaintiff the opportunity of a hearing; reevaluate, with the assistance of a medical expert, if

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available, the severity of Plaintiff’s fibromyalgia, consistent with SSR 12-2p; to reassess

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Plaintiff’s residual functional capacity, consistent with 20 CFR 404.1545, SSR 85-15 and SSR

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96-8p; and proceed with the sequential evaluation.

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The parties further request that the Court direct the Clerk of the Court to enter a final

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judgment in favor of Plaintiff, and against Defendant, reversing the final decision of the Acting

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Commissioner.

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Respectfully submitted this 5th day of May 2022.

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Dated: May 5, 2022

/s/ Francesco Paulo Benavides*
FRANCESCO PAULO BENAVIDES
Attorney for Plaintiff
*Authorized via e-mail on May 5, 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; ORDER 1:21-CV-01252-SKO (SS)

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ORDER

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Based upon the parties’ foregoing stipulation to Voluntary Remand Pursuant to Sentence

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Four of 42 U.S.C. § 405(g) and to Entry of Judgment (the “Stipulation”) (Doc. 11), and for cause

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shown,

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IT IS ORDERED that the above-captioned action is remanded to the Acting

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Commissioner of Social Security for further proceedings pursuant to the Social Security Act §

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205(g), as amended, 42 U.S.C. § 405(g), sentence four. On remand, the Appeals Council will

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remand the case to an administrative law judge for a new decision in accordance with the parties’

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Stipulation.

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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.

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IT IS SO ORDERED.
Dated:

/s/ Sheila K. Oberto

May 6, 2022

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UNITED STATES MAGISTRATE JUDGE

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STIPULATION TO REMAND; ORDER 1:21-CV-01252-SKO (SS)