Sanchez v. Kijakazi

Full title: ENRIQUE SANCHEZ, Plaintiff, v. KILOLO KIJAKAZI, Acting Commissioner of…

Court: United States District Court, Eastern District of California

Date published: Apr 21, 2023

CIVIL 2:23-CV-00367-TLN-DMC (E.D. Cal. Apr. 21, 2023)

Opinion

CIVIL 2:23-CV-00367-TLN-DMC

04-21-2023

ENRIQUE SANCHEZ, Plaintiff, v. KILOLO KIJAKAZI, Acting Commissioner of Social Security, Defendant.

PHILLIP A. TALBERT United States Attorney MATHEW W. PILE, Associate General Counsel Office of Program Litigation, Office 7 Social Security Administration HEIDI L. TRIESCH, Special Assistant United States Attorney Attorneys for Defendant DAVID J. LINDEN Attorney for Plaintiff

Troy L. Nunley United States District Judge

PHILLIP A. TALBERT United States Attorney MATHEW W. PILE, Associate General Counsel Office of Program Litigation, Office 7 Social Security Administration HEIDI L. TRIESCH, Special Assistant United States Attorney Attorneys for Defendant

DAVID J. LINDEN Attorney for Plaintiff

STIPULATION TO VOLUNTARY REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(g) AND TO ENTRY OF JUDGMENT; ORDER

Troy L. Nunley United States District Judge

IT IS STIPULATED by and between Plaintiff (“Plaintiff”) and Defendant 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 Appeals Council will remand the case to an Administrative Law Judge (ALJ) to develop the administrative record as necessary, offer Plaintiff a new hearing, and issue a new decision. 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. The parties agree that reasonable attorney fees will be awarded under the Equal Access to Justice Act, 28 U.S.C. § 2412, upon proper request to the Court.

This stipulation constitutes a remand under the fourth sentence of Section 205(g) of the Social Security Act, 42 U.S.C. 405(g).

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 pursuant to the fourth sentence of Section 205(g) of the Social Security Act, 42 U.S.C. 405(g).