(SS)Main v. Commissioner of Social Security

Filing 23

ORDER on Stipulation to Voluntary Remand Pursuant to Sentence Four of 42 U.S.C. 405(g) and to Entry of Judgment, signed by Magistrate Judge Erica P. Grosjean on 02/06/2024. CASE CLOSED.(Maldonado, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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HONEY MAIN,
Plaintiff,
v.
Commissioner of Social Security,
Defendant.

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CIVIL NO. 1:23-cv-00899-EPG
STIPULATION TO VOLUNTARY
REMAND PURSUANT TO SENTENCE
FOUR OF 42 U.S.C. § 405(g) AND TO
ENTRY OF JUDGMENT; ORDER
(ECF No. 22)

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IT IS STIPULATED by and between Plaintiff (“Plaintiff”) and Defendant Kilolo

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Kijakazi, Acting Commissioner of Social Security (“Defendant”), through their undersigned

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

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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
parties further request that the Court direct the Clerk of the Court to enter a final judgment in
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
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Social Security Act, 42 U.S.C. 405(g).

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Dated: February 6, 2024

/s/ Jonathan O. Peña*
JONATHAN O. PENA
Attorney for Plaintiff
*Authorized via e-mail on February 6, 2024

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

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By:

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

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Attorneys for Defendant

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ORDER
Based upon the parties’ Stipulation to Voluntary Remand Pursuant to Sentence Four of

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42 U.S.C. § 405(g) and to Entry of Judgment (ECF No. 22) and for cause shown, IT IS

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ORDERED that the above-captioned action is remanded to the Commissioner of Social

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Security 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). The Clerk of the Court is directed to enter a judgment in favor

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of Plaintiff and against Defendant. Additionally, given the parties’ stipulation, the Clerk of

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Court is directed to terminate Plaintiff’s motion for summary judgment as no longer pending.

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(ECF No. 20).

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IT IS SO ORDERED.
Dated:

February 6, 2024

/s/
UNITED STATES MAGISTRATE JUDGE