(SS) Willard v. Commissioner of Social Security

Filing 14

STIPULATION and ORDER to Voluntary Remand Pursuant to Sentence Four of 42 U.S.C. § 405(g) and to Entry of Judgment, signed by Magistrate Judge Barbara A. McAuliffe on 11/17/2022. CASE CLOSED. (Rivera, O)

Download PDF
1 2 3 4 5 6 7 8 PHILLIP A. TALBERT United States Attorney MATHEW W. PILE, WSBA No. 32245 Associate General Counsel Office of Program Litigation, Office 7 Social Security Administration MARY TSAI, CSBN 216963 Special Assistant United States Attorney 160 Spear Street, Suite 800 San Francisco, California 94105 Telephone: (510) 970-4864 Facsimile: (415) 744-0134 E-Mail: mary.tsai@ssa.gov Attorneys for Defendant 9 10 UNITED STATES DISTRICT COURT 11 EASTERN DISTRICT OF CALIFORNIA 12 FRESNO DIVISION 13 14 15 16 17 18 PERRY GENE WILLARD, JR., Plaintiff, v. KILOLO KIJAKAZI, Acting Commissioner of Social Security, Defendant. 19 ) ) ) ) ) ) ) ) ) ) ) CIVIL NO. 1:22-cv-00995-BAM (SS) STIPULATION TO VOLUNTARY REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(g) AND TO ENTRY OF JUDGMENT; [PROPOSED] ORDER 20 21 IT IS HEREBY STIPULATED, by and between the parties, through their undersigned 22 attorneys, and with the approval of the Court, that the Commissioner of Social Security has 23 agreed to a voluntary remand of this case pursuant to sentence four of 42 U.S.C. § 405(g). The 24 purpose of the remand is to offer Plaintiff a new decision. 25 On remand, the Commissioner will further develop the record as necessary, and issue a 26 new decision. The parties further request that the Clerk of the Court be directed to enter a final 27 judgment in favor of Plaintiff, and against Defendant, reversing the final decision of the 28 Commissioner. STIPULATION TO REMAND 1 Dated: November 16, 2022 /s/ Matthew Franklin Holmberg * MATTHEW FRANKLIN HOLMBERG Attorney for Plaintiff *Authorized via e-mail on November 15, 2022 2 3 4 PHILLIP A. TALBERT United States Attorney MATHEW W. PILE Associate General Counsel Office of Program Litigation, Office 7 Social Security Administration 5 6 7 8 By: 9 /s/ Mary Tsai MARY TSAI Special Assistant United States Attorney 10 Attorneys for Defendant 11 12 13 14 15 ORDER Based upon the parties’ Stipulation to Voluntary Remand Pursuant to Sentence Four of 16 42 U.S.C. § 405(g) and to Entry of Judgment (“Stipulation”), and for cause shown, IT IS 17 ORDERED that the above-captioned action is remanded to the Acting Commissioner of Social 18 Security for further proceedings pursuant to the Social Security Act § 205(g), as amended, 42 19 U.S.C. § 405(g), sentence four. On remand, the Appeals Council will remand the case to an 20 administrative law judge for a new decision in accordance with the parties’ Stipulation. The 21 Clerk of the Court is directed to enter final judgment in favor of Plaintiff, and against Defendant, 22 reversing the final decision of the Commissioner. IT IS SO ORDERED. 23 24 25 Dated: November 17, 2022 /s/ Barbara A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 26 27 28 STIPULATION TO REMAND

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?