(SS) Pearson v. Commissioner of Social Security

Filing 16

STIPULATION and ORDER signed by Magistrate Judge Carolyn K. Delaney on 2/7/2024, REMANDING CASE to The Commissioner of Social Security pursuant to Sentence Four of 42 U.S.C. § 405(g). CASE CLOSED. (Mena-Sanchez, L)

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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
NOAH SCHABACKER, Maryland Bar
Special Assistant United States Attorney
Office of the General Counsel
Social Security Administration
6401 Security Boulevard
Baltimore, MD 21235
Telephone: [phone]
Email: [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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ALVA LESLIE PEARSON,
Plaintiff,
v.
MARTIN O’MALLEY,
Commissioner of Social Security, 1
Defendant.

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CIVIL NO. 2:23-cv-01330-CKD
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 Martin

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O’Malley, Commissioner of Social Security (“Defendant”), through their undersigned counsel

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of record, that the above-entitled action shall be remanded to the Commissioner of Social

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Security for further administrative proceedings.

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Martin O’Malley became the Commissioner of Social Security on December 20, 2023.
Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Martin O’Malley should be
substituted for Kilolo Kijakazi as the defendant in this suit. No further action need be taken to
continue this suit by reason of the last sentence of section 205(g) of the Social Security Act, 42
U.S.C. § 405(g).

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On remand, the Commissioner will develop the record as necessary; reconsider all

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relevant issues; offer the claimant the opportunity for a new hearing; and issue a new decision.

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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.
This stipulation constitutes a remand under the fourth sentence of Section 205(g) of the
Social Security Act, 42 U.S.C. 405(g).
Dated: February 2, 2024

/s/ Geri N. Kahn*
GERI N. KAHN
Attorney for Plaintiff
*Authorized via e-mail on February 2, 2024

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PHILLIP A. TALBERT
United States Attorney
MATHEW W. PILE
Associate General Counsel
Office of Program Litigation, Office 7
Social Security Administration

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By:

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Attorneys for Defendant

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/s/ Noah Schabacker
NOAH SCHABACKER
Special Assistant United States Attorney

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 pursuant to the fourth sentence of Section 205(g) of the Social
Security Act, 42 U.S.C. 405(g).
Dated: February 7, 2024

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CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE