(SS)Zamilpa v. Commissioner of Social Security

Filing 15

STIPULATION and ORDER for Voluntary Remand Pursuant to Sentence Four of 42 U.S.C. 405(g), signed by Magistrate Judge Sheila K. Oberto on 09/19/2022. CASE CLOSED.(Maldonado, C)

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PHILLIP A. TALBERT
United States Attorney
PETER K. THOMPSON
Acting Regional Chief Counsel, Region IX
Social Security Administration
CASPAR CHAN
Special Assistant United States Attorney
Social Security Administration
160 Spear Street, Suite 800
San Francisco, CA 94105
Telephone: [phone]
Facsimile: 415-744-0134
Email: [e-mail]
Attorneys for Defendant
UNITED STATES DISTRICT COURT
Attorneys for Defendant
EASTERN DISTRICT OF CALIFORNIA
Attorneys for Defendant

FRESNO DIVISION

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CELIA ZAMILPA,
Plaintiff,
v.
KILOLO KIJAKAZI,
Acting Commissioner of Social Security,
Defendant.

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Civil No. 1:21-cv-01702-SKO
STIPULATION AND ORDER FOR
VOLUNTARY REMAND PURSUANT TO
SENTENCE FOUR OF 42. U.S.C. § 405(g)
(Doc. 13)

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IT IS HEREBY STIPULATED, by and between the parties, through their undersigned
attorneys, and with the approval of the Court, that the Commissioner of Social Security has agreed to a
voluntary remand of this case pursuant to sentence four of 42 U.S.C. § 405(g). The purpose of the
remand is to offer Plaintiff a new decision.
On remand, the Commissioner will further develop the record as necessary, and issue a new
decision. The parties further request that the Clerk of the Court be directed to enter a final judgment in
favor of Plaintiff, and against Defendant, reversing the final decision of the Commissioner.

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Date: September 19, 2022

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By:
/s/ Caspar Chan for Francisco Benavides*
FRANCISCO BENAVIDES
*Authorized by email on September 19, 2022
Attorneys for Plaintiff

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LAW OFFICES OF FRANCISCO BENAVIDES

Date: September 19, 2022

PHILIP A. TALBERT
United States Attorney
Eastern District of California

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By:
/s/ Caspar Chan
CASPAR CHAN
Special Assistant United States Attorney
Attorneys for Defendant

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ORDER

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Based upon the parties’ Stipulation for Voluntary Remand Pursuant to Sentence Four of 42 U.S.C.

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§ 405(g) (“Stipulation to Remand”) (Doc. 13), and for cause shown,

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IT IS ORDERED that the above-captioned action is remanded to the Commissioner of Social

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

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Act, 42 U.S.C. § 405(g).

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The Clerk of Court shall enter a final judgment in favor of Plaintiff, and against Defendant,

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vacating and reversing the final decision of the Commissioner. The Clerk shall also administratively

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close this file.

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IT IS SO ORDERED.
Dated:

September 19, 2022

/s/ Sheila K. Oberto

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UNITED STATES MAGISTRATE JUDGE