(SS) Belotti v. Commissioner of Social Security

Filing 14

STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 11/14/2023, REMANDING this Action 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). CASE CLOSED. (Mena-Sanchez, L)

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PHILLIP A. TALBERT
United States Attorney
MATHEW W. PILE, WSBN 32245
Associate General Counsel
Office of Program Litigation, Office 7
Social Security Administration
ERIN A. JURRENS, MO 61402
Special Assistant United States Attorney
Office of the General Counsel
Social Security Administration
6401 Security Boulevard
Baltimore, MD 21235
Telephone: [phone]
E-Mail: [e-mail]
Attorneys for Defendant

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
JASON RALPH BELOTTI,
Plaintiff,
v.
KILOLO KIJAKAZI,
Acting Commissioner of Social Security,
Defendant.

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CIVIL NO. 2:23-cv-01301-KJN
STIPULATION TO VOLUNTARY
REMAND PURSUANT TO SENTENCE
FOUR OF 42 U.S.C. § 405(g) AND TO
ENTRY OF JUDGMENT; ORDER

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.
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.

STIPULATION TO REMAND

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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 14, 2023

/s/ Francesco P. Benavides*
FRANCESCO P. BENAVIDES
Attorney for Plaintiff
*Authorized via e-mail on November 14, 2023

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

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By:

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

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

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Security for further proceedings pursuant to the fourth sentence of Section 205(g) of the Social
Security Act, 42 U.S.C. 405(g).
Dated: November 14, 2023

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belo.1301

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STIPULATION TO REMAND