(SS) Lilly v. Commissioner of Social Security

Filing 15

ORDER signed by Magistrate Judge Kendall J. Newman on 11/17/2022 REMANDING this action to the Commissioner of Social Security for further proceedings consistent with the terms of the Stipulation to Remand. CASE CLOSED(Reader, L)

Case 2:22-cv-00704-KJN Document 15 Filed 11/17/22 Page 1 of 2

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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
160 Spear Street, Suite 800
San Francisco, California 94105
Telephone: [phone]
E-Mail: [e-mail]
Attorneys for Defendant
UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ROBERTA LILLY,
Plaintiff,

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v.
KILOLO KIJAKAZI,
Acting Commissioner of Social Security

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Defendant.

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Case No.: 2:22-cv-00704-KJN
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

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attorneys, and with the approval of the Court, that the Commissioner of Social Security has

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agreed to a voluntary remand of this case pursuant to sentence four of 42 U.S.C. § 405(g). The

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purpose of the remand is to offer Plaintiff a new decision.

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On remand, the Commissioner will offer Plaintiff the opportunity for a new hearing;

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develop the record as necessary; and issue a new decision. The parties further request that the

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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.

Stip. For Voluntary Remand; Case 2:22-cv-00704-KJN

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Case 2:22-cv-00704-KJN Document 15 Filed 11/17/22 Page 2 of 2

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Respectfully submitted,

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Dated: November 15, 2022

/s/ Kelsey Mackenzie Brown*
KELSEY MACKENZIE BROWN
Attorney for Plaintiff
(* approved via email on 11/15/22)

Dated: November 15, 2022

PHILLIP A. TALBERT
United States Attorney
MATHEW W. PILE
Associate General Counsel, OPL Office 7
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

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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 HEREBY ORDERED, ADJUDGED AND DECREED 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.
Dated: November 17, 2022

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lill.704

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Stip. For Voluntary Remand; Case 2:22-cv-00704-KJN

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