(SS) Mcneilly v. Commissioner of Social Security

Filing 22

ORDER GRANTING Stipulation and Unopposed Motion for Voluntary Remand Pursuant to Sentence Four of 42 U.S.C. 405(g) and to Entry of Judgment signed by Magistrate Judge Sheila K. Oberto on 11/14/2023. CASE CLOSED. (Lawrence, A)

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PHILLIP A. TALBERT
United States Attorney
MATHEW W. PILE, WSBN 32245
Associate General Counsel
Office of Program Litigation, Office 7
Social Security Administration
ERIN A. JURRENS, MO 61402
Special Assistant United States Attorney
Office of the General Counsel
Social Security Administration
6401 Security Boulevard
Baltimore, MD 21235
Telephone: [phone]
E-Mail: [e-mail]
Attorneys for Defendant

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
MICHAEL S. MCNEILLY,
Plaintiff,
v.
KILOLO KIJAKAZI,
Commissioner of Social Security,
Defendant.

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CIVIL NO. 1:23-cv-00071-SKO
ORDER GRANTING STIPULATION
AND UNOPPOSED MOTION FOR
VOLUNTARY REMAND PURSUANT
TO SENTENCE FOUR OF 42 U.S.C. §
405(g) AND TO ENTRY OF
JUDGMENT

IT IS STIPULATED by and between Plaintiff (“Plaintiff”) and Defendant Kilolo
Kijakazi, Acting Commissioner of Social Security (“Defendant”), through their undersigned
counsel of record, that the above-entitled action shall be remanded to the Commissioner of
Social Security for further administrative proceedings.
Upon remand, the Appeals Council will remand the case to an Administrative Law

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Judge (ALJ) for a new decision and instruct the ALJ to offer Plaintiff a new hearing, update the

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record and re-evaluate the evidence of record. The parties further request that the Court direct

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the Clerk of the Court to enter a final judgment in favor of Plaintiff, and against Defendant,

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reversing the final decision of the Commissioner.
STIPULATION TO REMAND

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This stipulation constitutes a remand under the fourth sentence of Section 205(g) of the
Social Security Act, 42 U.S.C. 405(g).

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Dated: November 14, 2023

/s/ Jacqueline A. Forslund*
JACQUELINE A. FORSLUND
Attorney for Plaintiff
*Authorized via e-mail on November 14, 2023

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PHILLIP A. TALBERT
United States Attorney
MATHEW W. PILE
Associate General Counsel
Social Security Administration

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By:

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Attorneys for Defendant

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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) and to Entry of Judgment (“Stipulation to Remand”) (Doc. 21), and for
cause shown, IT IS ORDERED that the above-captioned action is remanded to the
Commissioner of Social Security for further proceedings pursuant to the fourth sentence of
Section 205(g) of the Social Security Act, 42 U.S.C. 405(g).
The Clerk of the Court shall enter a final judgment in favor of Plaintiff, and against

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/s/ Erin A. Jurrens
ERIN A. JURRENS
Special Assistant U.S. Attorney

Defendant, vacating and reversing the final decision of the Commissioner and thereafter close
this case.

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IT IS SO ORDERED.
Dated:

November 14, 2023

/s/ Sheila K. Oberto

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UNITED STATES MAGISTRATE JUDGE

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STIPULATION TO REMAND