(SS) Rush v. Commissioner of Social Security

Filing 17

STIPULATION and ORDER 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 11/26/2024. CASE CLOSED. (Maldonado, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CHRISTINE FATHE RUSH,
Plaintiff,
v.
Commissioner of Social Security,
Defendant.

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STIPULATION TO VOLUNTARY
REMAND PURSUANT TO SENTENCE
FOUR OF 42 U.S.C. § 405(g) AND TO
ENTRY OF JUDGMENT; ORDER
(ECF No. 16)

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.
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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CIVIL NO. 1:24-cv-00772-EPG

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

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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 26, 2024

/s/ Francesco Benavides*
FRANCESCO BENAVIDES
Attorney for Plaintiff
*Authorized via e-mail on November 26, 2024

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

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

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Attorneys for Defendant

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By:

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ORDER1

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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 (“Stipulation to Remand”), and for 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). On remand, the Appeals Council will remand the case to an
administrative law judge for a new decision in accordance with the parties’ Stipulation.
The Clerk of the Court is respectfully directed to enter a judgment in favor of Plaintiff

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and against Defendant, and to terminate as moot Plaintiff’s pending motion for summary
judgment. (ECF No. 12).
IT IS SO ORDERED.

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Dated:

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November 26, 2024

/s/
UNITED STATES MAGISTRATE JUDGE

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The parties consented to the jurisdiction of the undersigned “for all further proceedings in this action,
including trial and entry of judgment, pursuant to 28 U.S.C. § 636(c)(1).” See ECF No. 10.
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