(SS) Chong v. Commissioner of Social Security

Filing 17

STIPULATION and ORDER for Voluntary Remand Pursuant to Sentence Four of 42 U.S.C. § 405(g) signed by Magistrate Judge Sheila K. Oberto on 08/30/2024. CASE CLOSED. (Flores, E)

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PHILLIP A. TALBERT
United States Attorney
MATHEW W. PILE, WSBA No. 32245
Associate General Counsel
Office of Program Litigation, Office 7
Social Security Administration
MARCELO ILLARMO (MABN 670079)
Special Assistant United States Attorney
Office of the General Counsel
Social Security Administration
6401 Security Boulevard
Baltimore, Maryland 21235
Telephone: [phone]
E-Mail: [e-mail]
Attorneys for Defendant

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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PAULA CHONG,

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Plaintiff,
v.
MARTIN O’MALLEY,
Commissioner of Social Security
Defendant.

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Case No.: 1:24-cv-00376-SKO
STIPULATION AND UNOPPOSED
MOTION FOR VOLUNTARY REMAND
PURSUANT TO SENTENCE FOUR OF 42
U.S.C. § 405(g); ORDER
(Doc. 16)

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IT IS HEREBY STIPULATED, by and between the parties, through their undersigned
attorneys, and with the approval of the Court, that the Commissioner of Social Security has
agreed to a voluntary remand of this case pursuant to sentence four of 42 U.S.C. § 405(g). The
purpose of the remand is to offer Plaintiff a new decision.
On remand, the Commissioner will offer the claimant an opportunity for a hearing,
conduct any necessary further proceedings and issue a new decision. The parties further request

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Stip. For Voluntary Remand; Case 1:24-cv-00376-SKO

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that the Clerk of the Court be directed to enter a final judgment in favor of Plaintiff, and against

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Defendant, reversing the final decision of the Commissioner.

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Respectfully submitted,

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Dated: August 29, 2024

/s/Jonathan Omar Pena *
(*as authorized via e-mail on 8/26/24)
JONATHAN OMAR PENA
Attorney for Plaintiff

Dated: August 29, 2024

PHILLIP A. TALBERT
United States Attorney

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By:

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/s/ Marcelo Illarmo
MARCELO ILLARMO
Special Assistant United States Attorney
Attorneys for Defendant

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ORDER

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

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to Sentence Four of 42 U.S.C. § 405(g) and to Entry of Judgment (“Stipulation to Remand”) (Doc.

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16), and for cause shown,

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IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the above-captioned

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action is remanded to the Commissioner of Social Security for further proceedings consistent with

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the terms of the Stipulation to Remand.

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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 shall thereafter close this case.

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IT IS SO ORDERED.
Dated:

/s/ Sheila K. Oberto

August 30, 2024

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UNITED STATES MAGISTRATE JUDGE

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Stip. For Voluntary Remand; Case 1:24-cv-00376-SKO

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