Bortolussi v. O'Malley

Filing 10

Order by Magistrate Judge Lisa J. Cisneros granting 9 Stipulation to Voluntary Remand.(bns, COURT STAFF) (Filed on 3/26/2024)

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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: [phone]
[e-mail]

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Attorneys for Defendant

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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MARY BORTOLUSSI,

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Plaintiff,

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vs.

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MARTIN O’MALLEY,
Commissioner of Social Security,
Defendant.

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STIPULATION TO VOLUNTARY
REMAND PURSUANT TO 42 U.S.C.
SECTION 405(g) SENTENCE FOUR
AND TO ENTRY OF JUDGMENT;
ORDER

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 Commissioner
will:
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Reevaluate the medical opinions and prior administrative findings;

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CIVIL NO. 3:24-cv-00521-LJC

IT IS HEREBY STIPULATED by and between the parties, through their undersigned attorneys,

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Stip. to Remand, [3:24-cv-00521-LJC]

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

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the claimant’s residual functional capacity; reevaluating the claimant’s ability to perform

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Continue with the sequential evaluation process, as necessary. This may include reevaluating

other work; making specific findings; and explaining and resolving any conflicts; and
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Offer the claimant the opportunity for a hearing, further develop the record 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.

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Dated: March 26, 2024

By: /s/
RACHEL “RAI” SUE SUSSMAN
(as authorized by email)
Attorneys for Plaintiff

Dated: March 26, 2024

ISMAIL J. RAMSEY
United States Attorney

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By:

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/s/ Erin Highland
ERIN HIGHLAND
Special Assistant U.S. Attorney
Office of Program Litigation, Office 7
Attorneys for Defendant

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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.

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IT IS SO ORDERED:

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DATE: __March 26, 2024

______________________________
THE HONORABLE LISA J. CISNEROS
United States Magistrate Judge

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Stip. to Remand, [3:24-cv-00521-LJC]

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