(SS) Bernshausen v. Commissioner of Social Security

Filing 22

ORDER signed by Magistrate Judge Dennis M. Cota on 7/29/2022 ORDERED ADJUDGED AND DECREED that this action is REMANDED to the Commissioner of Social Security for further proceedings consistent with the terms of the Stipulation to Remand. The Clerk of the Court is directed to enter judgment and close this file. CASE CLOSED(Reader, L)

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PHILLIP A. TALBERT
United States Attorney
PETER K. THOMPSON (HI 5890)
Acting Regional Chief Counsel, Region IX
Social Security Administration
MARCELO ILLARMO (MABN 670079)
Special Assistant United States Attorney
160 Spear Street, Suite 800
San Francisco, California 94105
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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BECKY BERNSHAUSEN,

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Plaintiff,
v.
KILOLO KIJAKAZI,
Acting Commissioner of Social Security

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Defendant.

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Case No.: 2:21-cv-01520-DMC
STIPULATION FOR VOLUNTARY
REMAND PURSUANT TO SENTENCE
FOUR OF 42 U.S.C. § 405(g)

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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 further develop the record as necessary; and issue a
new decision. The parties further request that the Clerk of the Court be directed to enter a final
judgment in favor of Plaintiff, and against Defendant, reversing the final decision of the
Commissioner. The Commissioner will conduct any necessary further proceedings and issue a
new decision.
Stip. For Voluntary Remand; Case 2:21-cv-01520-DMC

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Respectfully submitted,

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Dated: July 29, 2022

/s/ Jesse S. Kaplan *
(*as authorized via e-mail on 7/28/22)
JESSE S. KAPLAN
Attorney for Plaintiff

Dated: July 29, 2022

PHILLIP A. TALBERT
United States Attorney
PETER K. THOMPSON (HI 5890)
Acting Regional Chief Counsel, Region IX
Social Security Administration

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By:

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/s/ Marcelo Illarmo
MARCELO ILLARMO
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

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42 U.S.C. § 405(g) and to Entry of Judgment (“Stipulation to Remand”), and for cause shown, IT

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

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

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terms of the Stipulation to Remand. The Clerk of the Court is directed to enter judgment and

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close this file.

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Dated: July 29, 2022
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DENNIS M. COTA
UNITED STATES MAGISTRATE JUDGE

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Stip. For Voluntary Remand; Case 2:21-cv-01520-DMC

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