(SS)Tisdale-Morgan v. Commissioner Social Security

Filing 14

STIPULATION and ORDER signed by Magistrate Judge Dennis M. Cota on 11/18/2022 REMANDING CASE to Commissioner of Social Security pursuant to sentence four of 42 U.S.C. § 405(g). CASE CLOSED. (Perdue, C.)

Case 2:22-cv-00545-DMC Document 14 Filed 11/21/22 Page 1 of 3

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PHILLIP A. TALBERT
United States Attorney
MATHEW W. PILE
Associate General Counsel
Office of Program Litigation, Office 7
Oscar Gonzalez de Llano
Special Assistant United States Attorney
Social Security Administration
160 Spear Street, Suite 800
San Francisco, CA 94105
Telephone: [phone]
Email: [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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JENNIFER MARIE TISDALE-MORGAN,

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

No. 2:22-CV-00545-DMC
STIPULATION TO VOLUNTARY REMAND
PURSUANT TO SENTENCE FOUR OF
42 U.S.C. § 405(g) AND TO ENTRY OF
JUDGMENT; ORDER

Defendant.

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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

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new decision. The parties further request that the Clerk of the Court be directed to enter a final

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judgment in favor of Plaintiff, and against Defendant, reversing the final decision of the

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Commissioner.
Stip. to Remand; 2:22-CV-00545-DMC

Case 2:22-cv-00545-DMC Document 14 Filed 11/21/22 Page 2 of 3

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Respectfully submitted this 15th day of November, 2022.

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Respectfully submitted,

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PHILLIP A. TALBERT
United States Attorney

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By: s/ Oscar Gonzalez de Llano
OSCAR GONZALEZ DE LLANO
Special Assistant United States Attorney
Attorneys for Defendant

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Respectfully submitted,
Attorneys for Plaintiff

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By:

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/s/ John Vincent Johnson *
John Vincent Johnson
Law Offices of John V. Johnson
(*as authorized by email)

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Dated: November 18, 2022

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Stip. to Remand; 2:22-CV-00545-DMC

____________________________________
DENNIS M. COTA
UNITED STATES MAGISTRATE JUDGE

Case 2:22-cv-00545-DMC Document 14 Filed 11/21/22 Page 3 of 3

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ORDER

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Based upon the parties’ Stipulation to Voluntary Remand Pursuant to Sentence Four of 42

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

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IS ORDERED that the above-captioned action is remanded to the Commissioner of Social

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Security for further proceedings consistent with the terms of the Stipulation to Remand.

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Stip. to Remand; 2:22-CV-00545-DMC