Zempel v. Kijakazi
Filing
23
ORDER GRANTING 22 STIPULATION TO REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(g), AND FOR ENTRY OF JUDGMENT IN FAVOR OF PLAINTIFF. Signed by Judge Trina L. Thompson on 5/9/2024. (rfm, COURT USER) (Filed on 5/9/2024)
1
2
3
4
5
6
7
8
ISMAIL J. RAMSEY, CSBN 189820
United States Attorney
MATHEW W. PILE, SBN WA 32245
Associate General Counsel
Office of Program Litigation, Office 7
DANIEL P. TALBERT, SBN OH 0084088
Special Assistant United States Attorney
Social Security Administration
6401 Security Boulevard
Baltimore, MD 21235
Telephone: (510) 970-4860
Facsimile: (415) 744-0134
Email: Daniel.Talbert@ssa.gov
Attorneys for Defendant
9
10
11
UNITED STATES DISTRICT COURT
12
NORTHERN DISTRICT OF CALIFORNIA
13
14
ASHEL ZEMPEL,
Plaintiff,
15
16
17
No. 3:23-cv-05284-TLT
STIPULATION AND PROPOSED ORDER TO
REMAND PURSUANT TO SENTENCE FOUR
OF 42 U.S.C. § 405(g), AND FOR ENTRY OF
JUDGMENT IN FAVOR OF PLAINTIFF
v.
MARTIN O’MALLEY,
Commissioner of Social Security,
18
Defendant.
19
20
The parties stipulate through counsel that this case shall be remanded for further
21
administrative proceedings pursuant to sentence four of section 205(g) of the Social Security Act,
22
42 U.S.C. § 405(g).
23
Upon remand, the Appeals Council will remand this claim to an Administrative Law
24
Judge to (1) reopen the prior application and adjudicate the claimant’s disability status prior to the
25
favorable period; (2) take any further action needed to complete the administrative record; and (3)
26
issue a new decision limited to the period prior to the favorable period.
27
28
1
1
2
The parties further stipulate that the clerk shall enter judgment in favor of Plaintiff and
against Defendant.
3
4
DATED: May 8, 2024
s/ Jorgio Castro
JORGIO CASTRO
(as authorized by email May 8, 2024)
Attorney for Plaintiff
5
6
ISMAIL J. RAMSEY
United States Attorney
7
8
DATED: May 9, 2024
9
10
By
s/ Daniel P. Talbert
DANIEL P. TALBERT
Special Assistant United States Attorney
Attorneys for Defendant
11
12
13
14
15
ORDER
16
Pursuant to stipulation, it is so ordered. The case is remanded to the Commissioner of
Social Security for further proceedings as outlined in the above stipulation.
17
DATE: May 9, 2024
18
_______________________________
HON. TRINA L. THOMPSON
UNITED STATES DISTRICT JUDGE
19
20
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?