(SS) McDonald v. Commissioner of Social Security

Filing 16

STIPULATION and ORDER For Voluntary Remand signed by District Judge Daniel J. Calabretta on 8/28/2024. CASE CLOSED. (Kyono, V)

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1 2 3 4 5 6 7 8 9 PHILLIP A. TALBERT United States Attorney MATHEW W. PILE Associate General Counsel Office of Program Litigation, Office 7 CASPAR CHAN, CSBN 294804 Special Assistant United States Attorney Social Security Administration 6401 Security Boulevard Baltimore, MD 21235 Telephone: 510-970-4810 Facsimile: 415-744-0134 Email: Caspar.Chan@ssa.gov Attorneys for Defendant UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 SACRAMENTO DIVISION 12 13 14 15 RENEA MCDONALD, Plaintiff, v. 16 17 18 19 20 21 22 23 24 25 26 27 28 COMMISSIONER OF SOCIAL SECURITY, Defendant. ) Civil No. 2:24-cv-00940-DJC-DMC ) ) STIPULATION AND ORDER FOR ) ) VOLUNTARY REMAND ) ) ) ) ) ) ) 1 IT IS HEREBY STIPULATED, by and between the parties, through their undersigned attorneys, 2 and with the approval of the Court, that the Commissioner of Social Security has agreed to a voluntary 3 remand of this case pursuant to sentence four of 42 U.S.C. § 405(g). The purpose of the remand is to 4 offer Plaintiff a new decision. The parties agree that no specific aspect of the Commissioner’s final 5 decision is affirmed. 6 On remand, the Commissioner will offer Plaintiff the opportunity for a hearing; develop the 7 record as necessary; and issue a new decision. The parties further request that the Clerk of the Court be 8 directed to enter a final judgment in favor of Plaintiff, and against Defendant, reversing the final decision 9 of the Commissioner. 10 11 Date: August 28, 2024 12 LAW OFFICES OF FRANCESCO BENAVIDES By: 13 14 /s/ Francesco Benavides* FRANCESCO BENAVIDES *Authorized by email on August 28, 2024 Attorneys for Plaintiff 15 16 Date: August 28, 2024 PHILIP A. TALBERT United States Attorney Eastern District of California 17 18 By: 19 20 /s/ Caspar Chan CASPAR CHAN Special Assistant United States Attorney Attorneys for Defendant 21 22 ORDER 23 24 APPROVED AND SO ORDERED 25 26 27 28 Date: August 28, 2024 /s/ Daniel J. Calabretta THE HONORABLE DANIEL J. CALABRETTA UNITED STATES DISTRICT JUDGE

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