(SS) Pierce v. Commissioner of Social Security

Filing 14

STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 8/29/24 REMANDING action to Commissioner of Social Security for future proceedings per sentence four; The Clerk to enter a final judgment in favor of Plaintiff, and against Defendant, reversing the final decision of the Commissioner. CASE CLOSED (Licea Chavez, V)

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PHILLIP A. TALBERT
United States Attorney
MATHEW W. PILE, WSBA 32245
Associate General Counsel
Office of Program Litigation, Office 7
Social Security Administration
EDMUND DARCHER, WSBA 42906
Special Assistant United States Attorney
Office of the General Counsel
Social Security Administration
6401 Security Blvd.
Baltimore, MD 21235
Telephone: [phone]
Email: [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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TANGEE PIERCE,
Plaintiff,
v.
COMMISSIONER OF SOCIAL SECURITY,
Defendant.

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CIVIL NO. 2:24-cv-00781-EFB
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

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

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

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further administrative proceedings. This stipulation constitutes a remand under the fourth

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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 further develop the record as necessary, offer

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Plaintiff the opportunity for a hearing, and issue a new decision. The parties further request that

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the Clerk of the Court be directed to enter a final judgment in favor of Plaintiff, and against

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Defendant, reversing the final decision of the Commissioner.
Dated: Aug. 19, 2024

/s/ Francesco P. Benavides
FRANCESCO P. BENAVIDES
Attorney for Plaintiff
*Authorized via e-mail on Aug. 19, 2024

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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/ Edmund Darcher
EDMUND DARCHER
Special Assistant United States Attorney
Attorneys for Defendant

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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: August 29, 2024