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Montoya v. Kijakazi

United States District Court, Eastern District of California
Sep 27, 2023
1:23-cv-0544 JLT BAM (E.D. Cal. Sep. 27, 2023)

Opinion

1:23-cv-0544 JLT BAM

09-27-2023

ANA GONZALEZ MONTOYA, Plaintiff, v. KILOLO KIJAKAZI, Acting Commissioner of Social Security, Defendant.


ORDER REMANDING THE MATTER PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(g)

(DOC. 17)

ORDER DIRECTING ENTRY OF JUDGMENT IN FAVOR OF PLAINTIFF ANA GONZALEZ MONTOYA AND AGAINST DEFENDANT KILOLO KIJAKAZI, ACTING COMMISSIONER OF SOCIAL SECURITY

Ana Gonzalez Montoya and Kilolo Kijakazi, Acting Commissioner of Social Security, stipulated to a voluntary remand of Plaintiff's application for benefits for further administrative proceedings pursuant to sentence four of 42 U.S.C. § 405(g) on September 25, 2023. (Doc. 17.) Pursuant to the terms of the stipulation: “the Appeals Council will remand the case to an Administrative Law Judge... for a new decision, and instruct the ALJ to re-evaluate the evidence of record.” (Id. at 1.) The parties also stipulated judgment shall be entered in favor of Plaintiff and against the Commissioner. (Id.) Based upon the terms of the stipulation, the Court ORDERS:

1. The matter is REMANDED for further administrative proceedings under sentence four of 42 U.S.C. § 405(g).
2. Plaintiff's motion for summary judgment (Doc. 15) is terminated as MOOT.
3. The Clerk of Court is DIRECTED to enter judgment in favor of Plaintiff Ana Gonzalez Montoya and against Defendant Kilolo Kijakazi, the Acting Commissioner of Social Security.

IT IS SO ORDERED.


Summaries of

Montoya v. Kijakazi

United States District Court, Eastern District of California
Sep 27, 2023
1:23-cv-0544 JLT BAM (E.D. Cal. Sep. 27, 2023)
Case details for

Montoya v. Kijakazi

Case Details

Full title:ANA GONZALEZ MONTOYA, Plaintiff, v. KILOLO KIJAKAZI, Acting Commissioner…

Court:United States District Court, Eastern District of California

Date published: Sep 27, 2023

Citations

1:23-cv-0544 JLT BAM (E.D. Cal. Sep. 27, 2023)