(SS) Stineman v. Commissioner of Social Security

Filing 14

STIPULATION and ORDER signed by Magistrate Judge Chi Soo Kim on 1/7/2025 REMANDING this case to the Commissioner of Social Security for further proceedings pursuant to Sentence Four of 42 USC 405(g). CASE CLOSED. (Deputy Clerk VLK)

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PHILLIP A. TALBERT
United States Attorney
MATHEW W. PILE, WSBA No. 32245
Associate General Counsel
Office of Program Litigation, Office 7
NOAH SCHABACKER, Maryland Bar
Special Assistant United States Attorney
Office of the General Counsel
Social Security Administration
6401 Security Boulevard
Baltimore, MD 21235
Telephone: [phone]
Email: [e-mail]

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Attorneys for Defendant

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JAY LAWRENCE STINEMAN,
Plaintiff,
v.
CAROLYN COLVIN,
Acting Commissioner of Social Security,
Defendant.

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CIVIL NO. 2:24-cv-02125-CSK
STIPULATION TO VOLUNTARY
REMAND PURSUANT TO SENTENCE
FOUR OF 42 U.S.C. § 405(g) AND TO
ENTRY OF JUDGMENT; [PROPOSED]
ORDER

IT IS STIPULATED by and between Plaintiff (“Plaintiff”) and Defendant Carolyn
Colvin, Acting Commissioner of Social Security (“Commissioner”), through their undersigned
counsel of record, that the above-entitled action shall be remanded to the Commissioner for
further administrative proceedings.
On remand, the Commissioner will develop the record as necessary; reconsider all
relevant issues; offer the claimant the opportunity to submit additional evidence; and issue a
new decision. The parties further request that the Court direct the Clerk of the Court to enter a

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STIPULATION TO REMAND

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

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Commissioner.

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This stipulation constitutes a remand under the fourth sentence of Section 205(g) of the
Social Security Act, 42 U.S.C. 405(g).
Dated: January 6, 2025

/s/ Francesco P. Benavides*
FRANCESCO P. BENAVIDES
Attorney for Plaintiff
*Authorized via e-mail on January 3, 2025

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

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By:

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/s/ Noah Schabacker
NOAH SCHABACKER
Special Assistant United States Attorney

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Attorneys for Defendant

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[PROPOSED] 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: January 7, 2025

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HON. CHI SOO KIM
UNITED STATES MAGISTRATE JUDGE

5, stin.2125.24

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STIPULATION TO REMAND