(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)

Case 1:22-cv-01239-SAB Document 15 Filed 01/17/23 Page 1 of 2
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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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.

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Jose Luis Salgado (“Plaintiff”) seeks judicial review of a final decision of the

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Commissioner of Social Security (“Commissioner”) denying an application for disability benefits

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pursuant to the Social Security Act. (ECF No. 1.)

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On January 17, 2023, the parties filed a stipulation agreeing to a voluntary remand of this

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

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Security Act, 42 U.S.C. 405(g). (ECF No. 14.) Pursuant to the terms of the stipulation, on

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remand, the Commissioner will obtain additional evidence concerning Plaintiff’s impairments,

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including visual field testing; reevaluate the medical opinions and prior administrative medical

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findings, including the opinions of Bernard Zuckerman, M.D. and Vu-Dinh Minh, M.D.;

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reevaluate whether Plaintiff meets or equals a listing, including Listings 2.03 and 2.04; continue
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Case 1:22-cv-01239-SAB Document 15 Filed 01/17/23 Page 2 of 2
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the sequential evaluation process and obtain vocational expert testimony, as needed; offer

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Plaintiff the opportunity to attend a new hearing; take any further action needed to complete the

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administrative record; and issue a new decision. (Id. at 1–2.) The parties further request that the

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Clerk of the Court be directed to enter a final judgment in favor of Plaintiff and against

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Defendant, reversing the final decision of the Commissioner. The Court finds good cause exists

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to grant the parties’ stipulated request.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

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The above-captioned action be REMANDED to the Commissioner of Social
Security for further proceedings consistent with the terms of the stipulation for

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remand;

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2.

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Judgment is entered in favor of Plaintiff Jose Luis Salgado and against Defendant
Commissioner of Social Security; and

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3.

The Clerk of the Court is directed to CLOSE this action.

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IT IS SO ORDERED.
Dated:

January 17, 2023
UNITED STATES MAGISTRATE JUDGE

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