(SS) Vera v. Commissioner of Social Security

Filing 19

ORDER Granting Stipulation and Unopposed Motion for Voluntary Remand Pursuant to Sentence Four of 42 U.S.C. § 405(g) signed by Magistrate Judge Sheila K. Oberto on 07/08/2024. CASE CLOSED. (Flores, E)

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1 2 3 4 5 6 7 8 9 10 11 12 PHILLIP A. TALBERT United States Attorney MATHEW W. PILE Associate General Counsel Office of Program Litigation, Office 7 CASPAR CHAN, CSBN 294804 Special Assistant United States Attorney Social Security Administration 6401 Security Boulevard Baltimore, MD 21235 Telephone: 510-970-4810 Facsimile: 415-744-0134 Email: Caspar.Chan@ssa.gov Attorneys for Defendant UNITED STATES DISTRICT COURT Attorneys for Defendant EASTERN DISTRICT OF CALIFORNIA Attorneys for Defendant FRESNO DIVISION 13 14 15 16 17 18 HOPE VERA, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant. 19 ) ) ) ) ) ) ) ) ) ) ) ) Civil No. 1:24-cv-00112-SKO (SS) 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 20 21 IT IS HEREBY STIPULATED, by and between the parties, through their undersigned attorneys, 22 and with the approval of the Court, that the Commissioner of Social Security has agreed to a voluntary 23 remand of this case pursuant to sentence four of 42 U.S.C. § 405(g). The purpose of the remand is to 24 offer Plaintiff a new decision. The parties agree that no specific aspect of the Commissioner’s final 25 decision is affirmed. 26 On remand, the Commissioner will offer Plaintiff the opportunity for a hearing; develop the 27 record as necessary; and issue a new decision. The parties further request that the Clerk of the Court be 28 1 2 directed to enter a final judgment in favor of Plaintiff, and against Defendant, reversing the final decision of the Commissioner. 3 4 Date: July 8, 2024 5 LAW OFFICES OF LAWRENCE D. ROHLFING By: 6 7 /s/ Caspar Chan for Young Chul Cho* YOUNG CHUL CHO *Authorized by email on July 8, 2024 Attorneys for Plaintiff 8 9 Date: July 8, 2024 PHILIP A. TALBERT United States Attorney Eastern District of California 10 11 By: 12 13 /s/ Caspar Chan CASPAR CHAN Special Assistant United States Attorney Attorneys for Defendant 14 15 16 ORDER 17 Based upon the parties’ Stipulation to Voluntary Remand Pursuant to Sentence Four of 42 18 19 U.S.C. § 405(g) and to Entry of Judgment (“Stipulation to Remand”) (Doc. 18), and for cause shown, IT IS ORDERED that the above-captioned action is remanded to the Commissioner of Social 20 21 Security for further proceedings pursuant to the fourth sentence of Section 205(g) of the Social Security 22 Act, 42 U.S.C. 405(g). The Clerk of the Court shall enter a final judgment in favor of Plaintiff, and against Defendant, 23 24 vacating and reversing the final decision of the Commissioner and shall thereafter close this case. 25 26 27 28 IT IS SO ORDERED. Dated: July 8, 2024 /s/ Sheila K. Oberto . UNITED STATES MAGISTRATE JUDGE

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