(SS) Van Ek v. Commissioner of Social Security

Filing 12

STIPULATION and ORDER signed by Magistrate Judge Carolyn K. Delaney on 08/29/2024, REMANDING this case to the Commissioner of Social Security pursuant to sentence four. CASE CLOSED. (Lopez, K)

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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: [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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JEFFREY PHILIP VAN EK,
Plaintiff,

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v.

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MARTIN O’MALLEY,
Commissioner of Social Security,

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STIPULATION TO VOLUNTARY REMAND
PURSUANT TO SENTENCE FOUR OF
42 U.S.C. § 405(g) AND TO ENTRY OF
JUDGMENT; ORDER

Defendant.

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No. 2:24-cv-01852-CKD

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.
On remand, the Commissioner will reevaluate the medical opinions and prior

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administrative medical findings, further develop the record as necessary and issue a new

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

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

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Commissioner.

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Respectfully submitted this 28th day of August, 2024.

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PHILLIP A. TALBERT
United States Attorney
By: s/ Oscar Gonzalez de Llano
OSCAR GONZALEZ DE LLANO
Special Assistant United States Attorney
Attorneys for Defendant
LAW OFFICES OF FRANCESCO BENAVIDES
By: s/ FRANCESCO P. BENAVIDES
FRANCESCO P. BENAVIDES
(*as authorized by email)
Attorney for Plaintiff

ORDER

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Based upon the parties’ Stipulation to Voluntary Remand Pursuant to Sentence Four of 42

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U.S.C. § 405(g) and to Entry of Judgment (“Stipulation to Remand”), and for cause shown, IT

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IS ORDERED that the above-captioned action is remanded to the Commissioner of Social

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Security for further proceedings consistent with the terms of the Stipulation to Remand.

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Dated: August 29, 2024

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CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE