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)

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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: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Defendant

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ASHEL ZEMPEL,
Plaintiff,

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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,

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Defendant.

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The parties stipulate through counsel that this case shall be remanded for further

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administrative proceedings pursuant to sentence four of section 205(g) of the Social Security Act,

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42 U.S.C. § 405(g).

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Upon remand, the Appeals Council will remand this claim to an Administrative Law

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Judge to (1) reopen the prior application and adjudicate the claimant’s disability status prior to the

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favorable period; (2) take any further action needed to complete the administrative record; and (3)

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issue a new decision limited to the period prior to the favorable period.

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The parties further stipulate that the clerk shall enter judgment in favor of Plaintiff and
against Defendant.

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DATED: May 8, 2024

s/ Jorgio Castro
JORGIO CASTRO
(as authorized by email May 8, 2024)
Attorney for Plaintiff

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ISMAIL J. RAMSEY
United States Attorney

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DATED: May 9, 2024

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By

s/ Daniel P. Talbert
DANIEL P. TALBERT
Special Assistant United States Attorney
Attorneys for Defendant

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ORDER

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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.

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DATE: May 9, 2024

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_______________________________
HON. TRINA L. THOMPSON
UNITED STATES DISTRICT JUDGE

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