(SS) Scoggins v. Commissioner of Social Security

Filing 16

STIPULATION and ORDER signed by Magistrate Judge Carolyn K. Delaney on 8/29/24 REMANDING CASE to the Commissioner of Social Security. CASE CLOSED (Salmeron, A)

1
2
3
4
5
6
7
8
9
10
11
12
13
14

PHILLIP A. TALBERT
United States Attorney
MATHEW W. PILE, WSBA No. 32245
Associate General Counsel
Office of Program Litigation, Office 7
MARY TSAI, CSBN 216963
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: [e-mail]
Attorneys for Defendant

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
SACRAMENTO DIVISION

15
16
17
18
19
20
21
22

DEROME SCOGGINS,
Plaintiff,
v.
COMMISSIONER OF SOCIAL SECURITY,
Defendant.

)
)
)
)
)
)
)
)
)
)
)

CIVIL NO. 2:24-cv-00974-CKD
STIPULATION TO VOLUNTARY
REMAND PURSUANT TO SENTENCE
FOUR OF 42 U.S.C. § 405(g) AND TO
ENTRY OF JUDGMENT; ORDER

IT IS HEREBY STIPULATED, by and between the parties, through their undersigned

23

attorneys, and with the approval of the Court, that the Commissioner of Social Security

24

(“Commissioner”) has agreed to a voluntary remand of this case pursuant to sentence four of 42

25

U.S.C. § 405(g). The purpose of the remand is to offer Plaintiff a new decision.

26

On remand, the Commissioner will further develop the record as necessary, and issue a

27

new decision. The parties further request that the Clerk of the Court be directed to enter a final

28

1

judgment in favor of Plaintiff, and against Defendant, reversing the final decision of the

2

Commissioner.

3

Respectfully submitted this August 29, 2024

4
5

DATED: August 29, 2024

/s/ Melissa Newel*
(*as authorized via e-mail on August 29, 2024
MELISSA NEWEL
Attorney for Plaintiff

DATED: August 29, 2024

PHILLIP A. TALBERT
United States Attorney
MATHEW W. PILE
Associate General Counsel
Office of Program Litigation, Office 7

6
7
8
9
10
11

By:

12
13
14

ORDER

15
16

/s/ Mary Tsai
MARY TSAI
Special Assistant U.S. Attorney
Office of Program Litigation, Office 7
Attorneys for Defendant

Based upon the parties’ Stipulation to Voluntary Remand Pursuant to Sentence Four of

17

42 U.S.C. § 405(g) and to Entry of Judgment, and for cause shown, IT IS ORDERED that the

18

above-captioned action is remanded to the Commissioner of Social Security for further

19

proceedings pursuant to the Social Security Act § 205(g), as amended, 42 U.S.C. § 405(g),

20

sentence four. On remand, the Appeals Council will remand the case to an administrative law

21

judge (ALJ) for a new decision.

22

Dated: August 29, 2024

23
24
25
26
27
28

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE