(SS) Gonzalez v. Commissioner of Social Security

Filing 24

STIPULATION and ORDER signed by Magistrate Judge Chi Soo Kim on 7/2/2024 REMANDING this action to the Commissioner of Social Security for further proceedings. CASE CLOSED. (Woodson, A)

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1 2 3 4 5 6 7 8 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 Office of General Counsel 6401 Security Boulevard Baltimore, MD 21235 Telephone: (510) 970-4818 Email: Oscar.Gonzalez@ssa.gov Attorneys for Defendant 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 12 13 14 SHIRLEY ANN GONZALEZ, Plaintiff, 15 16 v. 17 MARTIN O’MALLEY, Commissioner of Social Security, 18 No. 2:23-cv-02389-CSK STIPULATION TO VOLUNTARY REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(g) AND TO ENTRY OF JUDGMENT; ORDER Defendant. 19 20 21 IT IS HEREBY STIPULATED, by and between the parties, through their undersigned 22 attorneys, and with the approval of the Court, that the Commissioner of Social Security has 23 agreed to a voluntary remand of this case pursuant to sentence four of 42 U.S.C. § 405(g). The 24 purpose of the remand is to offer Plaintiff a new decision. 25 26 27 28 On remand, the Commissioner will further develop the record as necessary and issue a new decision. The parties further request that the Clerk of the Court be directed to enter a final judgment in favor of Plaintiff, and against Defendant, reversing the final decision of the Commissioner. Stip. to Remand 1 Respectfully submitted this 1st day of July, 2024. 2 PHILLIP A. TALBERT United States Attorney 3 4 By: s/ Oscar Gonzalez de Llano OSCAR GONZALEZ DE LLANO Special Assistant United States Attorney Attorneys for Defendant 5 6 7 8 Attorneys for Plaintiff 9 By: 10 11 /s/ Jonathan O. Peña * Jonathan O. Peña Peña & Bromberg, PC *Authorized by email 12 13 ORDER 14 Based upon the parties’ Stipulation to Voluntary Remand Pursuant to Sentence Four of 15 42 U.S.C. § 405(g) and to Entry of Judgment (“Stipulation to Remand”), and for cause shown, 16 IT IS ORDERED that the above-captioned action is remanded to the Commissioner of Social 17 Security for further proceedings consistent with the terms of the Stipulation to Remand. 18 Dated: July 2, 2024 19 20 21 22 3, gonz.2389 23 24 25 26 27 28 Stip. to Remand

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