Abalos v. O'Malley

1 STEPHANIE M. HINDS United States Attorney MATHEW W. PILE Associate General Counsel Office of Program Litigation, Office 7 FREDERICK FRIPPS Special Assistant United States Attorney Office of Program Litigation, Office 7 Office of the General Counsel Social Security Administration 6401 Security Boulevard Baltimore, MD 21235 [email protected] Attorneys for Defendant UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 13 ) ROBERTO ABALOS, ) CIVIL NO. 3:24-CV-04849-LJC 14 ) Plaintiff, ) STIPULATION TO VOLUNTARY 15 ) REMAND PURSUANT TO 42 U.S.C. vs. ) 16 ) SECTION 405(g) SENTENCE FOUR COMMISSIONER OF ) AND TO ENTRY OF JUDGMENT; SOCIAL SECURITY, ) ) [PROPOSED] ORDER 18 ) Defendant. ) 19 ) The parties, acting through their respective counsel, hereby stipulate that the above-captioned case be reversed and remanded to the Commissioner of Social Security for another hearing. The Commissioner will direct the Administrative Law Judge to give further consideration to the opinion evidence and prior administrative medical findings and evaluate them in accordance with the regulations, and further evaluate the residual functional capacity consistent with the updated evaluation of the evidence. The ALJ shall take any necessary action to complete the administrative record and the Voluntary Remand [3:24-CV-04849-LJC] 1 sequential evaluation, and issue a new decision. Plaintiff shall have the opportunity to submit new evidence.

The parties further ask the Court to specify in its order that the case is being remanded pursuant to sentence four of § 405(g), and to direct the Clerk to enter judgment in accordance with Fed. R. Civ. P. 58, consistent with the Supreme Court’s decision in Shalala v. Schaefer, 509 U.S. 292, 296 302 (1993). The parties agree that reasonable attorney fees, expenses, and costs may be awarded under the Equal Access to Justice Act, 28 U.S.C. §§ 2412 and 1920, upon proper request to the Court.

Dated: December 16, 2024 By: /s/ Kevin LaPorte 11 KEVIN LaPORTE, ESQ (as authorized by email) Attorneys for Plaintiff Dated: December 16, 2024 STEPHANIE HINDS United States Attorney MATHEW W. PILE 16 Associate General Counsel Office of Program Litigation By: /s/ Frederick Fripps 19 FREDERICK FRIPPS Special Assistant U.S. Attorney 20 Attorneys for Defendant IT IS SO ORDERED: DATE: _D_e_c_e_m_b_e_r_ 1_8_,_ 2_024 ______________________________ 25 THE HONORABLE LISA J. CISNEROS UNITED STATES MAGISTRATE JUDGE Voluntary Remand [3:24-CV-04849-LJC] 2