Martinez v. Kijakazi

Filing 11

ORDER Granting 10 Joint Motion for Voluntary Remand and Remanding Action to the Social Security Administration for Further Proceedings. Signed by Magistrate Judge Lupe Rodriguez, Jr on 5/19/2023. (CC: SSA) (exs)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 VERONICA M.,1 Case No.: 23cv268-LR Plaintiff, 12 13 v. 14 KILOLO KIJAKAZI, Acting Commissioner of Social Security, 15 ORDER GRANTING JOINT MOTION FOR VOLUNTARY REMAND AND REMANDING ACTION TO THE SOCIAL SECURITY ADMINISTRATION FOR FURTHER PROCEEDINGS [ECF No. 10] Defendant. 16 17 18 On February 10, 2023, Plaintiff Veronica M. filed a civil Complaint against 19 Defendant Acting Commissioner of Social Security Kilolo Kijakazi seeking judicial 20 review of the denial of Plaintiff’s application for social security disability benefits. (ECF 21 No. 1.) The parties have since filed a “Joint Motion for Voluntary Remand Pursuant to 22 Sentence Four, 42 U.S.C. § 405(g)” (“Stipulation to Remand”). (ECF No. 10.) The 23 parties state that “[u]pon remand, the Appeals Council will remand the case to an 24 Administrative Law Judge (ALJ) to take any action necessary to further develop the 25 record, offer Plaintiff a de novo hearing, and issue a new decision.” (Id. at 2.) 26 27 Pursuant to Civil Local Rule 7.1(e)(6)(b), “[o]pinions by the Court in [Social Security cases under 42 U.S.C. § 405(g)] will refer to any non-government parties by using only their first name and last initial.” 1 28 1 23cv268-LR 1 Upon due consideration, the Court GRANTS the parties’ joint motion, approves 2 the Stipulation to Remand, and REMANDS this action to the Commissioner of Social 3 Security for further administrative proceedings consistent with the terms of the 4 Stipulation to Remand. 5 The Court enters JUDGMENT in favor of Plaintiff and against Defendant, 6 reversing the final decision of the Commissioner. The Court DIRECTS the Clerk of 7 Court to close the case. 8 9 IT IS SO ORDERED. Dated: May 19, 2023 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 23cv268-LR

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