(SS) Maxwell v. Commissioner of Social Security

Filing 13

STIPULATION and ORDER signed by Magistrate Judge Dennis M. Cota on 11/19/21, REMANDING case to the Commissioner of Social Security for further proceedings consistent with the terms of the Stipulation to Remand. CASE CLOSED (Benson, A.)

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PHILIP A. TALBERT
Acting United States Attorney
CHRISTOPHER HARRIS
Regional Chief Counsel, Region VI
Social Security Administration
KENDALL REES WA bar #20030
Special Assistant United States Attorney
Office of the General Counsel – Suite 350
Social Security Administration
1301 Young Street, Mailroom 104
Dallas, Texas 75202
Telephone: [phone]
E-Mail: [e-mail]

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Attorneys for Defendant

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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JEALENA MAXWELL,
Plaintiff,
v.
KILOLO KIJAKAZI,
Acting Commissioner of Social Security,
Defendant.

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CIVIL NO. 2:21-cv-00680-DMC
STIPULATION TO VOLUNTARY
REMAND PURSUANT TO SENTENCE
FOUR OF 42 U.S.C. § 405(g) AND TO
ENTRY OF JUDGMENT; ORDER

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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 Office of Hearing Operations 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. In doing so, the ALJ will offer Plaintiff the opportunity for a new hearing,
take further action as necessary to complete the administrative record, and issue a new decision.

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Stip. to Remand; 2:21-cv-00680-DMC

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The parties further request that the Court direct the Clerk of the Court to enter a final judgment

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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
Social Security Act, 42 U.S.C. 405(g).
Respectfully submitted this 5th day of November 2021.

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Dated: November 8, 2021

*/s/ Jacqueline Anna Forslund
Jacqueline Anna Forslund
Attorney for Plaintiff
*Authorized via e-mail on November 6, 2021

Dated: November 8, 2021

PHILIP A. TALBERT
Acting United States Attorney
CHRISTOPHER HARRIS
Regional Chief Counsel, Region VI
Social Security Administration

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By:

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/s/ Kendall Rees
KENDALL REES
Special Assistant United States 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 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 consistent with the terms of the Stipulation to Remand.

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Dated: November 19, 2021
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DENNIS M. COTA
UNITED STATES MAGISTRATE JUDGE

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Stip. to Remand; 2:21-cv-00680-DMC