Opinion
1:20-cv-01065-SKO
06-22-2021
ELIAS PEREZ GARZA, Plaintiff, v. ANDREW SAUL, Commissioner of Social Security, Defendant.
PHILIP A. TALBERT Acting United States Attorney DEBORAH LEE STACHEL Regional Chief Counsel, Region IX Social Security Administration CASPAR CHAN, CSBN 294804 Special Assistant United States Attorney Attorneys for Defendant PEÑA & BROMBERG, PC By: Caspar Chan for Jonathan Peña JONATHAN PENA Attorneys for Plaintiff
PHILIP A. TALBERT
Acting United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX
Social Security Administration
CASPAR CHAN, CSBN 294804
Special Assistant United States Attorney
Attorneys for Defendant
PEÑA & BROMBERG, PC
By: Caspar Chan for Jonathan Peña
JONATHAN PENA
Attorneys for Plaintiff
STIPULATION AND ORDER FOR VOLUNTARY REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(G)
(DOC. 15)
SHEILA K. OBERTO, UNITED STATES MAGISTRATE JUDGE
IT IS HEREBY STIPULATED by the parties, through their undersigned attorneys, that this action be remanded for further administrative action pursuant to section 205(g) of the Social Security Act, as amended, 42 U.S.C. section 405(g), sentence four. On remand, the Appeals Council will remand the case to an administrative law judge (ALJ) for a new decision. The Appeals Council will instruct the ALJ to reassess Plaintiff's subjective statements about symptoms. The Appeals Council will further instruct the ALJ to take further action to complete the administrative record, as warranted. 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.
ORDER
Based upon the parties' above Stipulation for Voluntary Remand Pursuant to Sentence Four of 42 U.S.C. § 405(g) (“Stipulation to Remand”) (Doc. 15), and for good cause shown, IT IS HEREBY 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 the Court is hereby DIRECTED to: (1) enter judgment in favor of Plaintiff Elias James Perez Garza and against Defendant Andrew Saul, Commissioner of Social Security; and (2) administratively close this file.
IT IS SO ORDERED.