Correia v. Commissioner of Social Security

Filing 21

Order by Magistrate Judge Robert M. Illman granting 20 Stipulation. (rmilc1) (Filed on 1/6/2025)

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1 2 3 4 5 6 7 8 9 ISMAIL J. RAMSEY (CABN 189820) United States Attorney MATHEW W. PILE (WSBA 32245) Associate General Counsel Office of Program Litigation, Office 7 ERIN HIGHLAND (GA Bar No. 153550) Special Assistant United States Attorney Office of Program Litigation, Office 7 Office of the General Counsel Social Security Administration 6401 Security Boulevard Baltimore, MD 21235 Telephone: (206) 615-2495 Erin.highland@ssa.gov Attorneys for Defendant 10 UNITED STATES DISTRICT COURT 11 NORTHERN DISTRICT OF CALIFORNIA 12 EUREKA DIVISION 13 14 BENJAMIN S. CORREIA, 15 Plaintiff, 16 vs. 17 18 CAROLYN COLVIN, Acting Commissioner of Social Security, Defendant. 19 20 21 22 23 24 25 26 27 28 ) ) ) ) ) ) ) ) ) ) ) ) ) CIVIL NO. 1:24-cv-04264-RMI STIPULATION TO VOLUNTARY REMAND PURSUANT TO 42 U.S.C. SECTION 405(g) SENTENCE FOUR; [PROPOSED] ORDER 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). On remand, the Appeals Council will direct the Administrative Law Judge to: • Further develop the record and based on the expanded record, conduct the sequential evaluation process; • Reevaluate the claimant’s allegations, the third-party statements and the opinion evidence, in Stip. to Remand, [1:24-cv-04264-RMI] 1 1 2 3 4 5 accordance with the applicable rules, and make new findings; • Offer the claimant the opportunity for a new hearing; obtain vocational expert evidence as needed, and issue a new decision. The parties further request that the Clerk of the Court be directed to enter a final judgment in favor of Plaintiff, and against Defendant, reversing the final decision of the Commissioner. 6 7 Dated: January 2, 2025 By: /s/ Margaret Lehrkind MARGARET LEHRKIND (as authorized by email) Attorneys for Plaintiff Dated: January 6, 2025 ISMAIL J. RAMSEY United States Attorney 8 9 10 11 12 By: 13 14 15 16 17 18 /s/ Erin Highland ERIN HIGHLAND Special Assistant U.S. Attorney Office of Program Litigation, Office 7 Attorneys for Defendant In accordance with Civil Local Rule 5-1(i)(3), I, Erin Highland, attest that I have obtained concurrence in the filing of this document from all other signatories listed here. 19 20 IT IS SO ORDERED: 21 22 23 24 DATE: _January 6, 2025_ ______________________________ THE HONORABLE ROBERT M. ILLMAN United States Magistrate Judge 25 26 27 28 Stip. to Remand, [1:24-cv-04264-RMI] 2

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