Opinion
1:21-cv-00713-GSA
04-06-2022
ANGEL BERMUDEZ, Plaintiff, v. KILOLO KIJAKAZI, Acting Commissioner of Social Security, Defendant.
MICHELLE J. SHVARTS Attorney for Plaintiff. PHILLIP A. TALBERT United States Attorney LISA A. THOMAS Regional Chief Counsel, Region VII Social Security Administration By: Sarah E. Preston SARAH E. PRESTON Special Assistant United States Attorney Attorneys for Defendant.
MICHELLE J. SHVARTS Attorney for Plaintiff.
PHILLIP A. TALBERT United States Attorney LISA A. THOMAS Regional Chief Counsel, Region VII Social Security Administration By: Sarah E. Preston SARAH E. PRESTON Special Assistant United States Attorney Attorneys for Defendant.
STIPULATION TO REMAND AND ORDER
GARY S. AUSTIN, UNITED STATES MAGISTRATE JUDGE
IT IS STIPULATED by and between Angel Bermudez (Plaintiff) and Kilolo Kijakazi, Acting Commissioner of Social Security (Defendant), through their undersigned counsel of record, that the above-entitled action shall be remanded to the Commissioner of Social Security for further administrative proceedings.
Upon remand, the Office of Hearing Operations will remand the case to an Administrative Law Judge (ALJ) for a new decision and instruct the ALJ to further evaluate the evidence, including evidence related to Plaintiff's depressive disorder. The parties further request that the Court direct the Clerk of the Court to enter a final judgment in favor of Plaintiff, and against Defendant, reversing the final decision of the Commissioner.
This stipulation constitutes a remand under the fourth sentence of Section 205(g) of the Social Security Act, 42 U.S.C. 405(g).
Respectfully submitted this 6th day of April, 2022.
ORDER
Based upon the parties' Stipulation to Voluntary Remand Pursuant to Sentence Four of 42 U.S.C. § 405(g) and to Entry of Judgment (“Stipulation to Remand”), and for cause shown, IT IS ORDERED that the above-captioned action is remanded to the Commissioner of Social Security for further proceedings consistent with the terms of the Stipulation to Remand. The Clerk of Court is directed to enter a final judgment in favor of Plaintiff, and against Defendant, reversing the final decision of the Commissioner
IT IS SO ORDERED.