Opinion
CIVIL 3:24-cv-03728-WHO
08-19-2024
MICHAEL TETLER, Plaintiff, v. MARTIN O'MALLEY, Commissioner of Social Security, Defendant.
JUSTIN PRATO (as authorized by email) Attorneys for Plaintiff ISMAIL J. RAMSEY United States Attorney Erin Highland ERIN HIGHLAND Special Assistant U.S. Attorney Office of Program Litigation, Office 7 Attorneys for Defendant
JUSTIN PRATO
(as authorized by email)
Attorneys for Plaintiff
ISMAIL J. RAMSEY
United States Attorney
Erin Highland
ERIN HIGHLAND
Special Assistant U.S. Attorney
Office of Program Litigation, Office 7
Attorneys for Defendant
STIPULATION TO VOLUNTARY REMAND PURSUANT TO 42 U.S.C. SECTION 405(g) SENTENCE FOUR AND TO ENTRY OF JUDGMENT; [PROPOSED] ORDER
THE HONORABLE WILLIAM H. ORRICK, United States District Judge.
IT IS HEREBY STIPULATED by and between the parties, through their undersigned attorneys, and with the approval of the Court, that the Commissioner of Social Security has agreed to a voluntary remand of this case pursuant to sentence four of 42 U.S.C. § 405(g). On remand, the Commissioner will:
• Reevaluate the claimant's subjective complaints and residual functional capacity;
• Offer the claimant the opportunity for a hearing, take further action to complete the administrative record resolving the above issues, and issue a new decision.
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.
In accordance with Civil Local Rule 5-1(i)(3), I, Erin Highland, attest that I have obtained concurrence in the filing of this document from all other signatories listed here.
IT IS SO ORDERED: