Olson v. Kijakazi
Olson v. Kijakazi
Trial Court Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 ANGELA O., Case No.: 23-cv-1212-KSC
12 Plaintiff, Order on Joint Motion For Voluntary 13 v. Remand to Agency Pursuant to Sentence Four of
42 U.S.C. § 405(g) 14 KILOLO KIJAKAZI, and Entry of Judgment [Doc. No. 12] 15 Defendant. 16 17 Plaintiff filed this action challenging the final decision of the Commissioner of 18 Social Security denying plaintiff’s claim for benefits. Doc. No. 1. This Court directed the 19 parties to explore informal resolution of the matter through the meet-and-confer process. 20 See Doc. No. 10. On September 28, 2023, having met and conferred, the parties jointly 21 moved for remand under sentence for of
42 U.S.C. § 405(g). Doc No. 12 (the “Joint 22 Motion”). 23 Having reviewed the Complaint and the Joint Motion, the Court GRANTS the Joint 24 Motion. Upon remand, the Appeals Council will remand the case to an Administrative Law 25 Judge (ALJ) with instructions to offer Plaintiff the opportunity for a new hearing, re- 26 evaluate the evidence of record, and issue a new decision. The Clerk of Court is 27 DIRECTED to enter a final judgment in favor of plaintiff, and against defendant. The 28 entry of judgment will begin the running of the thirty-day period for which plaintiff, as the 1 || prevailing party, may make a timely application for attorneys’ fees under the Equal Access 2 ||to Justice Act. See
28 U.S.C. § 2412(d)(1)(B); Akopyan v. Barnhart,
296 F.3d 852, 854 3 || (9th Cir. 2002). 4 IT IS SO ORDERED. 5 || Dated: September 28, 2023 JE. Le 6 Mil Y Sa 7 Hort. Karen S. Crawford United States Magistrate Judge
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Reference
- Status
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