(SS) Swars v. Commissioner of Social Security

Filing 14

STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 11/13/23 REMANDING case to the Commissioner of Social Security for further proceedings pursuant to Sentence Four. CASE CLOSED (Benson, A.)

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PHILLIP A. TALBERT
United States Attorney
MATHEW W. PILE
Associate General Counsel
Office of Program Litigation, Office 7
JAMES KI, WSBN 42978
Special Assistant United States Attorney
Office of Program Litigation, Office 7
Office of the General Counsel
Social Security Administration
6401 Security Boulevard
Baltimore, MD 21235
Telephone: [phone]
[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 LEE SWARS,
Plaintiff,
v.
KILOLO KIJAKAZI,
Acting Commissioner of Social Security,
Defendant.

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CIVIL NO. 2:23-cv-01351-KJN
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 and Kilolo Kijakazi, Acting

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Commissioner of Social Security (Defendant), through their undersigned counsel of record, that

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the above-entitled action shall be remanded to the Commissioner of Social Security for further

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administrative proceedings.

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Upon remand, the Appeals Council will remand the case to an Administrative Law

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Judge (ALJ) for a new decision and instruct the ALJ to re-evaluate the evidence of record. The

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parties further request that the Court direct the Clerk of the Court to enter a final judgment in

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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 9, 2023

/s/ Francesco Benavides*
FRANCESCO P. BENAVIDES
Attorney for Plaintiff
*Authorized via e-mail on November 9, 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/ James Ki
JAMES KI
Special Assistant United States 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

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Security Act, 42 U.S.C. 405(g).

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Dated: November 13, 2023

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swar.1351

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STIPULATION TO REMAND