Jacobs v. O'Malley

Filing 12

ORDER granting 11 STIPULATION TO REMAND TO SSA. Signed by Magistrate Judge Carla Baldwin on 11/26/2024. (Copies have been distributed pursuant to the NEF - GA)

1 JASON M. FRIERSON
United States Attorney
2 District of Nevada
Nevada Bar No. 7709
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FRANCO L. BECIA, WSBA 26823
4 Special Assistant United States Attorney
5 Office of the General Counsel
Office of Program Litigation, Office 7
6 Social Security Administration
6401 SECURITY BLVD
7 BALTIMORE, MD 21235-6401
Telephone: [phone]
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10 Attorneys for Defendant
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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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BRENN AJ JACOBS,

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Plaintiff,

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v.

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MARTIN O’MALLEY,
Commissioner of Social Security,

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Defendant.

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Case No.: 3:24-cv-00436-CLB
ORDER GRANTING STIPULATION
TO VOLUNTARY REMAND
PURSUANT TO SENTENCE FOUR OF
42 U.S.C. § 405(g) AND TO ENTRY OF
JUDGMENT FOR PLAINTIFF

The parties, through their respective counsel, hereby stipulate and agree that the abovecaptioned case be reversed and remanded to the Commissioner of Social Security for a hearing before

23 an Administrative Law Judge (ALJ) and a new decision in regard to Plaintiff’s applications for
24 disability benefits. On remand, the ALJ will take any necessary action to complete the administrative
25 record, offer Plaintiff a hearing, re-evaluate Plaintiff’s ability to perform other work at step five, to
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include obtaining vocational expert evidence as necessary, while resolving any inconsistencies

2 between the VE testimony, the DOT, and the RFC, and issue a new decision.
The parties stipulate that this remand be made pursuant to sentence four of 42 U.S.C. § 405(g),

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4 and that Plaintiff may be entitled to reasonable attorney fees and costs pursuant to the Equal Access to
5 Justice Act, 28 U.S.C. § 2412(d), upon proper request to this Court.
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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.

DATED this 25th day of November 2024.

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Respectfully submitted,

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JASON M. FRIERSON
United States Attorney

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MATHEW W. PILE
Associate General Counsel
Office of Program Litigation, Office 7
Social Security Administration

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s/ Franco L. Becia
FRANCO L. BECIA
Special Assistant United States Attorney
Office of the General Counsel
Office of Program Litigation, Office 7
Social Security Administration
6401 SECURITY BLVD
BALTIMORE, MD 21235-6401
Telephone: [phone]
Fax: [phone]
[e-mail]

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DATED this 25th day of November 2024.
s/ Franco L. Becia For
MARC V. KALAGIAN
Attorney for Plaintiff
(PER EMAIL AUTHORIZATION)

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IT IS SO ORDERED:

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UNITED STATES MAGISTRATE JUDGE

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November 26, 2024
DATED: ___________________________

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CERTIFICATE OF SERVICE
I, the undersigned, am a citizen of the United States and am at least eighteen years of age. My
business address is 6401 Security Boulevard, Baltimore, MD 21235. I am not a party to the aboveentitled action. On the date set forth below, I caused service of STIPULATION TO VOLUNTARY

4 REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(g) AND TO ENTRY OF

5 JUDGMENT FOR PLAINTIFF on the following parties by electronically filing the foregoing with
6 the Clerk of the District Court using its ECF System, which provides electronic notice of the filing to:
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8 Marc V Kalagian
Law Offices of Lawrence D. Rohlfing, Inc., CPC
9 12631 East Imperial Highway,
Suite C115
10 Santa Fe Springs, CA 90670
[phone]
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Fax: [phone]
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I declare under penalty of perjury that the foregoing is true and correct.
DATED this 25th day of November 2024

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/s/ Franco L. Becia
Franco L. Becia
Special Assistant United States Attorney

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