(SS) Reyes v. Commissioner of Social Security

Filing 16

STIPULATION and ORDER signed by Magistrate Judge Carolyn K. Delaney on 07/03/2024 REMANDING this case to the Commissioner of Social Security pursuant to sentence four. (Lopez, K)

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1 2 3 4 5 6 7 8 9 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 Office of the General Counsel Social Security Administration 6401 Security Boulevard Baltimore, Maryland 21235 Telephone: (510) 970-4822 E-Mail: Marcelo.Illarmo@ssa.gov Attorneys for Defendant 10 UNITED STATES DISTRICT COURT 11 EASTERN DISTRICT OF CALIFORNIA 12 13 JAMES ANTHONY REYES, 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiff, v. MARTIN O’MALLEY, Commissioner of Social Security Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 2:24-cv-00426-CKD STIPULATION AND ORDER FOR VOLUNTARY REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(g) IT IS HEREBY STIPULATED, by and between the parties, through their undersigned attorneys, and with the approval of the Court, that the Commissioner of Social Security has agreed to a voluntary remand of this case pursuant to sentence four of 42 U.S.C. § 405(g). The purpose of the remand is to offer Plaintiff a new decision. The parties agree that no specific aspect of the Commissioner’s final decision is affirmed. On remand, the Commissioner will offer Plaintiff the opportunity for a hearing; reconsider the pertinent issues, including, but not limited to, reconsidering the medical opinions and prior administrative medical findings; develop the record as necessary; and issue a new 1 decision. The parties further request that the Clerk of the Court be directed to enter a final 2 judgment in favor of Plaintiff, and against Defendant, reversing the final decision of the 3 Commissioner. 4 5 6 Respectfully submitted, 7 8 DATE: July 1, 2024 /s/ Francesco P. Benavides * FRANCESCO P. BENAVIDES, Attorney for Plaintiff (* approved via email on 6/27/24) 9 10 11 PHILLIP A. TALBERT United States Attorney 12 13 DATE: July 1, 2024 14 15 By s/ Marcelo Illarmo MARCELO ILLARMO Special Assistant United States Attorney Attorneys for Defendant 16 17 18 19 20 21 22 23 24 25 26 27 28 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 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. July 3, 2024

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