Martinez v. Kijakazi
Filing
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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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UNITED STATES DISTRICT COURT
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SOUTHERN DISTRICT OF CALIFORNIA
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VERONICA M.,1
Case No.: 23cv268-LR
Plaintiff,
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v.
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KILOLO KIJAKAZI,
Acting Commissioner of Social Security,
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ORDER GRANTING JOINT
MOTION FOR VOLUNTARY
REMAND AND REMANDING
ACTION TO THE SOCIAL
SECURITY ADMINISTRATION
FOR FURTHER PROCEEDINGS
[ECF No. 10]
Defendant.
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On February 10, 2023, Plaintiff Veronica M. filed a civil Complaint against
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Defendant Acting Commissioner of Social Security Kilolo Kijakazi seeking judicial
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review of the denial of Plaintiff’s application for social security disability benefits. (ECF
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No. 1.) The parties have since filed a “Joint Motion for Voluntary Remand Pursuant to
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Sentence Four, 42 U.S.C. § 405(g)” (“Stipulation to Remand”). (ECF No. 10.) The
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parties state that “[u]pon remand, the Appeals Council will remand the case to an
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Administrative Law Judge (ALJ) to take any action necessary to further develop the
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record, offer Plaintiff a de novo hearing, and issue a new decision.” (Id. at 2.)
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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.”
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23cv268-LR
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Upon due consideration, the Court GRANTS the parties’ joint motion, approves
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the Stipulation to Remand, and REMANDS this action to the Commissioner of Social
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Security for further administrative proceedings consistent with the terms of the
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Stipulation to Remand.
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The Court enters JUDGMENT in favor of Plaintiff and against Defendant,
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reversing the final decision of the Commissioner. The Court DIRECTS the Clerk of
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Court to close the case.
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IT IS SO ORDERED.
Dated: May 19, 2023
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23cv268-LR
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