(SS) Xiong v. Commissioner of Social Security

Stip. For Voluntary Remand; Case 1:25-cv-00510-SKO 1
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ERIC GRANT
United States Attorney
MATHEW W. PILE, WSBA No. 32245.
Head of Program Litigation 1
Social Security Administration
MARCELO ILLARMO (MABN 670079)
Special Assistant United States Attorney
Program Litigation 1 | Law & Policy
Social Security Administration
6401 Security Boulevard
Baltimore, Maryland 21235
Telephone: (510) 970-4822
E-Mail: Marcelo.Illarmo@ssa.gov
Attorneys for Defendant
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
JOLENE XIONG,
Plaintiff,
v.
COMMISSIONER OF SOCIAL SECURITY
Defendant.
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Case No.: 1:25-cv-00510-SKO
STIPULATION AND UNOPPOSED
MOTION FOR VOLUNTARY REMAND
PURSUANT TO SENTENCE FOUR OF 42
U.S.C. § 405(g)
(Doc. 22)
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). The
purpose of the remand is to offer Plaintiff a new decision.
On remand, the Commissioner will offer Plaintiff an opportunity for a hearing; further
develop the record as necessary; 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.
Case 1:25-cv-00510-SKO Document 24 Filed 01/05/26 Page 1 of 2

Stip. For Voluntary Remand; Case 1:25-cv-00510-SKO 2
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Respectfully submitted,
Dated: January 5, 2026 /s/ Jonathan Omar Pena *
(*as authorized via e-mail on 1/31/25)
JONATHAN OMAR PENA
Attorney for Plaintiff
Dated: January 5, 2026 ERIC GRANT
United States Attorney
By: /s/ Marcelo Illarmo
MARCELO ILLARMO
Special Assistant United States Attorney
Attorneys for Defendant
ORDER
Based upon the parties’ Stipulation and Unopposed Motion for Voluntary Remand
Pursuant to Sentence Four of 42 U.S.C. § 405(g) and for Entry of Judgment (“Stipulation to
Remand”), (Doc. 22), and for cause shown,
IT IS HEREBY ORDERED that the above-captioned action is REMANDED to the
Commissioner of Social Security for further proceedings pursuant to the Social Security Act
§ 205(g), as amended, 42 U.S.C. § 405(g), sentence four. On remand, the Appeals Council will
remand the case to an administrative law judge for a new decision in accordance with the parties’
Stipulation to Remand.
The Clerk of Court shall ENTER a final judgment in favor of Plaintiff, and against
Defendant, vacating and reversing the final decision of the Commissioner and shall CLOSE the
case.
IT IS SO ORDERED.
Dated: January 5, 2026 /s/ Sheila K. Oberto .
UNITED STATES MAGISTRATE JUDGE
Case 1:25-cv-00510-SKO Document 24 Filed 01/05/26 Page 2 of 2