(SS) Salgado v. Commissioner of Social Security

Filing 15

ORDER RE: Stipulation for Voluntary Remand pursuant to 42:405(g), signed by Magistrate Judge Stanley A. Boone on 1/17/2023. CASE CLOSED(Martin-Gill, S)

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Case 1:22-cv-01239-SAB Document 15 Filed 01/17/23 Page 1 of 2 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 Case No. 1:22-cv-01239-SAB JOSE LUIS SALGADO, ORDER RE: STIPULATION FOR VOLUNTARY REMAND PURSUANT TO 42 U.S.C. § 405(g) Plaintiff, v. (ECF No. 14) COMMISSIONER OF SOCIAL SECURITY, Defendant. 16 17 18 19 Jose Luis Salgado (“Plaintiff”) seeks judicial review of a final decision of the 20 Commissioner of Social Security (“Commissioner”) denying an application for disability benefits 21 pursuant to the Social Security Act. (ECF No. 1.) 22 On January 17, 2023, the parties filed a stipulation agreeing to a voluntary remand of this 23 matter for further proceedings pursuant to the fourth sentence of Section 205(g) of the Social 24 Security Act, 42 U.S.C. 405(g). (ECF No. 14.) Pursuant to the terms of the stipulation, on 25 remand, the Commissioner will obtain additional evidence concerning Plaintiff’s impairments, 26 including visual field testing; reevaluate the medical opinions and prior administrative medical 27 findings, including the opinions of Bernard Zuckerman, M.D. and Vu-Dinh Minh, M.D.; 28 reevaluate whether Plaintiff meets or equals a listing, including Listings 2.03 and 2.04; continue 1 Case 1:22-cv-01239-SAB Document 15 Filed 01/17/23 Page 2 of 2 1 the sequential evaluation process and obtain vocational expert testimony, as needed; offer 2 Plaintiff the opportunity to attend a new hearing; take any further action needed to complete the 3 administrative record; and issue a new decision. (Id. at 1–2.) The parties further request that the 4 Clerk of the Court be directed to enter a final judgment in favor of Plaintiff and against 5 Defendant, reversing the final decision of the Commissioner. The Court finds good cause exists 6 to grant the parties’ stipulated request. 7 Accordingly, IT IS HEREBY ORDERED that: 8 1. 9 The above-captioned action be REMANDED to the Commissioner of Social Security for further proceedings consistent with the terms of the stipulation for 10 remand; 11 2. 12 Judgment is entered in favor of Plaintiff Jose Luis Salgado and against Defendant Commissioner of Social Security; and 13 3. The Clerk of the Court is directed to CLOSE this action. 14 15 16 IT IS SO ORDERED. Dated: January 17, 2023 UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 2

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