(SS) Saesee v. Commissioner of Social Security

Filing 18

ORDER on Stipulation to Voluntary Remand Pursuant to Sentence Four of 42 U.S.C. 405(g) and to Entry of Judgment signed by Magistrate Judge Sheila K. Oberto on 9/15/2022. CASE CLOSED. (Lawrence, A)

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PHILLIP A. TALBERT
United States Attorney
PETER K. THOMPSON (HI 5890)
Acting Regional Chief Counsel, Region IX
Social Security Administration
BACILIO MENDEZ II, CSBN 332719
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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EENA SAESEE,

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Plaintiff,

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vs.
KILOLO KIJAKAZI,
Acting Commissioner of Social Security,
Defendant.

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1:21-cv-01562-SKO
STIPULATION TO VOLUNTARY
REMAND PURSUANT TO SENTENCE
FOUR OF 42 U.S.C. § 405(g) AND TO
ENTRY OF JUDGMENT; ORDER
(Doc. 17)

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IT IS STIPULATED by and between Eena Saesee (“Plaintiff”) and Defendant Kilolo

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Kijakazi, Acting Commissioner of Social Security (“Defendant”), through their undersigned

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

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Social Security for further administrative proceedings, pursuant to sentence four of 42 U.S.C. §

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405(g).

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Upon remand, the Appeals Council will remand the case to an Administrative Law

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Judge (ALJ) for a new decision, and instruct the ALJ to re-evaluate the evidence of record. The

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Appeals Council will instruct the ALJ to take further action, as warranted, to complete the

Stipulation to Remand; Order 1:21-cv-01562-SKO

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administrative record and resolve any issues. The parties further request that the Court direct the

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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).
Respectfully submitted this 14th day of September 2022.

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Dated: September 14, 2022

/s/ Lawrence D. Rohlfing*
LAWRENCE D. ROHLFING
Attorney for Plaintiff
*As authorized via e-mail on September 14, 2022.

Dated: September 14, 2022

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

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By:

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/s/ Bacilio Mendez II
BACILIO MENDEZ II
Special Assistant United States Attorney

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Stipulation to Remand; Order 1:21-cv-01562-SKO

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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”) (Doc. 17), and for
cause shown,
IT IS ORDERED that the above-captioned action is remanded to the Commissioner of

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Social Security for further proceedings pursuant to the fourth sentence of Section 205(g) of the

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Social Security Act, 42 U.S.C. § 405(g).
The Clerk of Court shall enter a final judgment in favor of Plaintiff, and against

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Defendant, vacating and reversing the final decision of the Commissioner. The Clerk shall also
administratively close this file.
IT IS SO ORDERED.

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Dated:

/s/ Sheila K. Oberto

September 15, 2022

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UNITED STATES MAGISTRATE JUDGE

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Stipulation to Remand; Order 1:21-cv-01562-SKO

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