(SS) Laster v. Commissioner of Social Security

Filing 17

STIPULATION and ORDER to Voluntary REMAND Pursuant to Sentence Four of 42 U.S.C. § 405(g) signed by Magistrate Judge Barbara A. McAuliffe on 5/20/2023. CASE CLOSED. (Sant Agata, S)

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PHILLIP A. TALBERT
United States Attorney
MATHEW W. PILE
Associate General Counsel
Office of Program Litigation, Office 7
Office of the General Counsel
Social Security Administration
MARGARET BRANICK-ABILLA
Special Assistant United States Attorney
6401 Security Boulevard
Baltimore, MD 21235
Telephone: [phone]
Email: [e-mail]
Attorneys for Defendant

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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BRIEN SCOTT LASTER,

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Plaintiff,

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vs.
KILOLO KIJAKAZI, Acting
Commissioner of Social Security,

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Defendant.

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Case No. 1:22-cv-01332-BAM
STIPULATION TO VOLUNTARY
REMAND PURSUANT TO SENTENCE
FOUR OF 42 U.S.C. § 405(g);
[PROPOSED] ORDER

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Stipulation; [Proposed] Order
1:22-cv-01332-BAM
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IT IS HEREBY STIPULATED, by and between the parties, through their respective

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counsel of record, with the approval of the Court, that this action be remanded for further

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administrative proceedings pursuant to sentence four of 42 U.S.C. § 405(g).

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On remand, the Commissioner will offer Plaintiff the opportunity for a new hearing,
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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Respectfully submitted,
Dated: May 15, 2023

LAW OFFICES OF FRANCESCO BENAVIDES

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By: /s/ Francesco Benavides*
FRANCESCO BENAVIDES
Attorneys for Plaintiff
[*As authorized by e-mail on May 12, 2023]

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Dated: May 20, 2023

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PHILLIP A. TALBERT
United States Attorney
By: /s/ Margaret Branick-Abilla
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MARGARET BRANICK-ABILLA
Special Assistant United States Attorney
Attorneys for Defendant

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Stipulation; [Proposed] Order
1:22-cv-01332-BAM
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ORDER

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Based upon the parties’ Stipulation to Voluntary Remand Pursuant to Sentence Four of 42
U.S.C. § 405(g) (“Stipulation”), and for cause shown, IT IS ORDERED that the above-captioned
action is remanded for further proceedings pursuant to sentence four of 42 U.S.C. § 405(g). On
remand, the Commissioner will offer Plaintiff the opportunity for a new hearing, further develop
the record as necessary, and issue a new decision. The Clerk of the Court is directed to enter final
judgment in favor of Plaintiff, and against Defendant, reversing the final decision of the
Commissioner.
IT IS SO ORDERED.
Dated:

/s/ Barbara

May 20, 2023

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A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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Stipulation; [Proposed] Order
1:22-cv-01332-BAM
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