1:25-cv-00510•(SS) Xiong v. Commissioner of Social Security
Texto completo
Stip. For Voluntary Remand; Case 1:25-cv-00510-SKO 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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
Continue sua pesquisa no ChatGPT ou Claude
Conecte o Omnilex para pesquisar o corpus jurídico pelo seu assistente de IA.