(SS)Andrisek v. Commissioner of Social Security

Filing 17

STIPULATION and Unopposed Motion to 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 08/28/2024. CASE CLOSED. (Flores, E)

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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

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TRACEY LYNN ANDRISEK,

Plaintiff,
v.
Commissioner of Social Security,
Defendant.

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CIVIL NO. 1:24-cv-00355-SKO
STIPULATION AND UNOPPOSED
MOTION TO VOLUNTARY REMAND
PURSUANT TO SENTENCE FOUR OF
42 U.S.C. § 405(g) AND TO ENTRY OF
JUDGMENT; ORDER
(Doc. 16)

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

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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 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.

STIPULATION TO REMAND; ORDER

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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: August 28, 2024

/s/ Francesco P. Benavides*
FRANCESCO P. BENAVIDES
Attorney for Plaintiff
*Authorized via e-mail on August 28, 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:

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

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ORDER

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Based upon the parties’ Stipulation and Unopposed Motion to Voluntary Remand

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Pursuant to Sentence Four of 42 U.S.C. § 405(g) and to Entry of Judgment (“Stipulation to
Remand”) (Doc. 16), and for cause shown, IT IS ORDERED that the above-captioned action is

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remanded to the Commissioner of Social Security for further proceedings pursuant to the fourth

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sentence of Section 205(g) of the Social Security Act, 42 U.S.C. 405(g).
The Clerk of Court shall enter a final judgment in favor of Plaintiff, and against Defendant,

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

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IT IS SO ORDERED.
Dated:

August 28, 2024

/s/ Sheila K. Oberto

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UNITED STATES MAGISTRATE JUDGE

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STIPULATION TO REMAND; ORDER