(SS) Rios v. Commissioner of Social Security

Filing 19

ORDER GRANTING 18 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 11/09/2023. CASE CLOSED.(Maldonado, C)

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PHILLIP A. TALBERT
United States Attorney
MATHEW W. PILE
Associate General Counsel
Office of Program Litigation, Office 7,
ANGELA THORNTON-MILLARD, IA 17922
Special Assistant United States Attorney
Office of Program Litigation, Office 7
Office of the General Counsel
Social Security Administration
6401 Security Boulevard
Baltimore, MD 21235
Telephone: [phone]
[e-mail]
Attorneys for Defendant

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
FRESNO DIVISION

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MANUEL RIOS, JR.,
Plaintiff,
v.
KILOLO KIJAKAZI,
Commissioner of Social Security,
Defendant.

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CIVIL NO. 1:23-cv-00713-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
(Doc. 18)

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IT IS STIPULATED by and between Plaintiff Manuel Rios, Jr. (“Plaintiff”) and
Defendant Kilolo Kijakazi, Acting Commissioner of Social Security (“Defendant”), through

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their undersigned counsel of record, that the above-entitled action shall be remanded to the

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Commissioner of Social Security for further administrative proceedings.

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Upon remand, the Appeals Council will remand the case to an Administrative Law
Judge (ALJ) for a new decision and instruct the ALJ to re-evaluate the evidence of record. The

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STIPULATION TO REMAND

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parties further request that the Court direct the Clerk of the Court to enter a final judgment in

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favor of Plaintiff, and against Defendant, reversing the final decision of the Commissioner.

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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 8, 2023

PEÑA & BROMBERG, PLC

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/s/ Dolly M. Trompeter*
DOLLY M. TROMPETER
Attorney for Plaintiff
*Authorized via e-mail on November 7, 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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ORDER

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/s/ Angela Thornton-Millard
ANGELA THORNTON-MILLARD
Special Assistant U.S. Attorney
Attorneys for Defendant

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. 18), and for

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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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Defendant, vacating and reversing the final decision of the Commissioner and thereafter close this
case.
IT IS SO ORDERED.

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STIPULATION TO REMAND

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Dated:

November 9, 2023

/s/ Sheila K. Oberto

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UNITED STATES MAGISTRATE JUDGE

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STIPULATION TO REMAND