(SS) Thomas v. Commissioner of Social Security

Filing 9

STIPULATION and ORDER signed by Magistrate Judge Jeremy D. Peterson on 3/11/2025 REMANDING this action to the Commissioner of Social Security pursuant to sentence four of 42 U.S.C. § 405(g). CASE CLOSED. (Deputy Clerk OML)

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MICHELE BECKWITH
Acting United States Attorney
MATHEW W. PILE, WSBA 32245
Associate General Counsel
Office of Program Litigation, Office 7
Social Security Administration

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L. Jamala Edwards, OR 010369
Special Assistant United States Attorney
6401 Security Boulevard
Baltimore, MD 21235
Telephone: [phone]
E-Mail: [e-mail]
Attorneys for Defendant

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
FRESNO DIVISION

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DARLENE GAIL THOMAS, on behalf of
JANA LEIGH THOMAS, deceased,
Plaintiff,
v.
KILOLO KIJAKAZI,
Acting Commissioner of Social Security,
Defendant.

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CIVIL NO. 2:25-cv-0011-JDP
STIPULATION TO VOLUNTARY
REMAND PURSUANT TO SENTENCE
FOUR OF 42 U.S.C. § 405(g) AND TO
ENTRY OF JUDGMENT; [PROPOSED]
ORDER

The parties, acting through their respective counsel, hereby stipulate and agree that the
above-captioned case be reversed and remanded. Upon remand, the Appeals Council will instruct

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the Administrative Law Judge to further consider the ability to perform other work existing in
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significant numbers in the national economy, take any further action needed to complete the

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administrative record, and to issue a new decision. The parties agree that reasonable attorney fees

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STIPULATION TO REMAND; 2:25-cv-00011-JDP

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will be awarded under the Equal Access to Justice Act, 28 U.S.C. § 2412, upon proper request to
the Court.
The parties further request that the Court direct the Clerk of the Court to enter a final
judgment in favor of Plaintiff, and against Defendant, reversing the final decision of the Acting

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Commissioner.
Respectfully submitted this 3/11/2025.
Dated: March 11, 2025

/s/ Francesco Benavides
Francesco Benavides
Attorney for Plaintiff
*Authorized via e-mail on 3/11/23

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MICHELE BECKWITH
Acting United States Attorney
MATHEW W. PILE
Associate General Counsel
Social Security Administration

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By:

/s/ L. Jamala Edwards
L. Jamala Edwards
Special Assistant United States Attorney
Attorneys for Defendant

[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, and for cause shown, IT IS ORDERED that the

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above-captioned action is remanded to the Acting Commissioner of Social Security for further
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proceedings pursuant to the Social Security Act § 205(g), as amended, 42 U.S.C. § 405(g),
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sentence four. On remand, the Appeals Council will remand the case to an administrative law
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judge for a new decision in accordance with the parties’ Stipulation.

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STIPULATION TO REMAND; 2:25-cv-00011-JDP

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IT IS SO ORDERED.

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Dated:

March 11, 2025
JEREMY D. PETERSON
UNITED STATES MAGISTRATE JUDGE

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STIPULATION TO REMAND; 2:25-cv-00011-JDP