Wells v. Kijakazi
Wells v. Kijakazi
Trial Court Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 SHYRITTA W., Case No.: 22cv1668
12 Plaintiff, Order Granting Joint Motion For 13 v. Voluntary Remand to Agency Pursuant to Sentence Four of 42 U.S.C. 14 KILOLO KIJAKAZI, § 405(g) and Entry of Judgment [Doc. 15 Defendant. No. 15] 16 17 Plaintiff Shyritta W. filed this action challenging the final decision of the 18 Commissioner of Social Security denying plaintiff’s claim for benefits. Doc. No. 1. This 19 Court directed the parties to explore informal resolution of the matter through the meet- 20 and-confer process. See Doc. No. 13. On February 9, 2023, the parties filed a Joint Motion 21 for Voluntary Remand to [the] Agency Pursuant to Sentence Four of
42 U.S.C. § 405(g) 22 and Entry of Judgment. Doc No. 15. 23 Having reviewed the Complaint and the parties’ Joint Motion, the Court GRANTS 24 the Joint Motion. Upon remand, the Agency will vacate the decision of the Administrative 25 Law Judge (“ALJ”) and remand the case to the Agency to reevaluate the evidence and issue 26 a new decision. The Clerk of Court is DIRECTED to enter a final judgment in favor of 27 plaintiff, and against defendant, reversing the final decision of the Commissioner and 28 remanding this action to the Agency. The entry of judgment will begin the running of the 1 || thirty-day period for which plaintiff, as the prevailing party, may make a timely application 2 ||for attorneys’ fees under the Equal Access to Justice Act. See
28 U.S.C. § 2412(d)(1)(B); 3 || Akopyan v. Barnhart,
296 F.3d 852, 854(9th Cir. 2002). 4 IT IS SO ORDERED. 5 || Dated: February 9, 2023 Jie. La, 6 G Wii eo 7 Hori. Karen 8S. Crawford United States Magistrate Judge
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Reference
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