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Munguia v. Acting Comm'r of Soc. Sec.

United States District Court, Eastern District of California
Nov 21, 2022
2:22-cv-0541 DB (E.D. Cal. Nov. 21, 2022)

Opinion

2:22-cv-0541 DB

11-21-2022

SONIA MUNGUIA, Plaintiff, v. ACTING COMMISSIONER OF SOCIAL SECURITY, Defendant.

SHELLIE LOTT ATTORNEY FOR PLAINTIFF PHILLIP A. TALBERT UNITED STATES ATTORNEY BY MARGARET LEHRKIND SPECIAL ASSISTANT UNITED STATES ATTORNEY ATTORNEYS FOR DEFENDANT


SHELLIE LOTT ATTORNEY FOR PLAINTIFF

PHILLIP A. TALBERT UNITED STATES ATTORNEY BY MARGARET LEHRKIND SPECIAL ASSISTANT UNITED STATES ATTORNEY ATTORNEYS FOR DEFENDANT

ORDER

DEBORAH BARNES UNITED STATES MAGISTRATE JUDGE

IT IS HEREBY STIPULATED, by and between the parties, through their undersigned attorneys, and with the approval of the Court, that the Acting Commissioner of Social Security has agreed to a voluntary remand of this case pursuant to sentence four of 42 U.S.C. § 405(g). The purpose of the remand is to offer Plaintiff a new decision.

Upon remand, the Appeals Council will direct the Administrative Law Judge to further consider Plaintiff's residual functional capacity: further evaluate the opinion evidence and prior administrative medical findings; obtain testimony from a vocational expert to assist in determining whether there are jobs that exist in significant numbers in the national economy Plaintiff can perform despite her impairments, resolving any conflicts between the expert's testimony and the DOT, including reasoning levels and whether the jobs cited still exist as described therein; take any action necessary to complete the administrative record; offer Plaintiff an opportunity for a hearing; and issue a new decision.

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 the Court shall enter a final judgment in favor of Plaintiff, and against Defendant, vacating and reversing the final decision of the Commissioner, and close this case.


Summaries of

Munguia v. Acting Comm'r of Soc. Sec.

United States District Court, Eastern District of California
Nov 21, 2022
2:22-cv-0541 DB (E.D. Cal. Nov. 21, 2022)
Case details for

Munguia v. Acting Comm'r of Soc. Sec.

Case Details

Full title:SONIA MUNGUIA, Plaintiff, v. ACTING COMMISSIONER OF SOCIAL SECURITY…

Court:United States District Court, Eastern District of California

Date published: Nov 21, 2022

Citations

2:22-cv-0541 DB (E.D. Cal. Nov. 21, 2022)