(SS) Roads v. Commissioner of Social Security

Filing 15

STIPULATION and ORDER signed by Magistrate Judge Sean C. Riordan on 1/27/2025 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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8 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: (303) 844-6232 Email: Noah.Schabacker@ssa.gov 9 Attorneys for Defendant 1 2 3 4 5 6 7 10 11 UNITED STATES DISTRICT COURT 12 EASTERN DISTRICT OF CALIFORNIA 13 14 15 16 17 18 SONIA ROADS, Plaintiff, v. MICHELLE KING, Acting Commissioner of Social Security,1 Defendant. 19 ) ) ) ) ) ) ) ) ) ) ) CIVIL NO. 2:24-cv-02515-TLN-SCR STIPULATION TO VOLUNTARY REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(g) AND TO ENTRY OF JUDGMENT; [PROPOSED] ORDER 20 IT IS STIPULATED by and between Plaintiff (“Plaintiff”) and Defendant Michelle 21 22 King, Acting Commissioner of Social Security (“Commissioner”), through their undersigned 23 counsel of record, that the above-entitled action shall be remanded to the Commissioner for 24 further administrative proceedings. 25 26 27 28 1 Michelle King became the Acting Commissioner of Social Security on January 20, 2025. Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Michelle King should be substituted for Carolyn Colvin 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 1 On remand, the Commissioner will develop the record as necessary; reconsider all 2 relevant issues; offer the claimant the opportunity for a hearing; and issue a new decision. The 3 parties further request that the Court direct the Clerk of the Court to enter a final judgment in 4 5 6 7 8 favor of Plaintiff, and against Defendant, reversing the final decision of the Commissioner. 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 24, 2025 /s/ Francesco P. Benavides* FRANCESCO P. BENAVIDES Attorney for Plaintiff *Authorized via e-mail on January 23, 2025 9 10 11 PHILLIP A. TALBERT United States Attorney MATHEW W. PILE Associate General Counsel Office of Program Litigation, Office 7 Social Security Administration 12 13 14 15 By: 16 17 Attorneys for Defendant 18 19 20 21 22 23 24 25 26 /s/ Noah Schabacker NOAH SCHABACKER Special Assistant United States Attorney [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 27, 2025 27 28 STIPULATION TO REMAND

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