(SS) Bennett v. Commissioner of Social Security

Filing 19

STIPULATION and ORDER signed by Magistrate Judge Jeremy D. Peterson on 3/6/2025 REMANDING this action to the Commissioner of Social Security for further proceedings pursuant to the fourth sentence of Section 205(g). CASE CLOSED. (Deputy Clerk OML)

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MICHELE BECKWITH
Acting 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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VICKIE BENNETT,
Plaintiff,
v.
LELAND DUDEK,
Acting Commissioner of Social Security,1
Defendant.

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CIVIL NO. 2:24-cv-02385-JDP
STIPULATION TO VOLUNTARY
REMAND PURSUANT TO SENTENCE
FOUR OF 42 U.S.C. § 405(g) AND TO
ENTRY OF JUDGMENT; [PROPOSED]
ORDER

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IT IS STIPULATED by and between Plaintiff (“Plaintiff”) and Defendant Carolyn

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Colvin, Acting Commissioner of Social Security (“Commissioner”), through their undersigned

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counsel of record, that the above-entitled action shall be remanded to the Commissioner for

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further administrative proceedings.

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Leland Dudek became the Acting Commissioner of Social Security on February 16, 2025.
Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Leland Dudek should be
substituted for Michelle King as the defendant in this suit. No further action need be taken to
continue this suit by reason of the last sentence of section 205(g) of the Social Security Act, 42
U.S.C. § 405(g).
STIPULATION TO REMAND

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On remand, the Commissioner will develop the record as necessary; reconsider all

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relevant issues; offer the claimant the opportunity for a hearing; and issue a new decision. The

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parties further request that the Court direct the Clerk of the Court to enter a final judgment in

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favor of Plaintiff, and against Defendant, reversing the final decision of the 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: March 6, 2025

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/s/ Francesco P. Benavides*
FRANCESCO P. BENAVIDES
Attorney for Plaintiff
*Authorized via e-mail on March 5, 2025
MICHELE BECKWITH
Acting 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

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

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

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

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Security for further proceedings pursuant to the fourth sentence of Section 205(g) of the Social

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Security Act, 42 U.S.C. 405(g).

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IT IS SO ORDERED.

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Dated:

March 6, 2025
JEREMY D. PETERSON
UNITED STATES MAGISTRATE JUDGE

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STIPULATION TO REMAND