1 || JASON M. FRIERSON United States Attorney 2 || Nevada Bar No. 7709 JEFFREY E. STAPLES, Washington Bar No. 3 || 45035 Special Assistant United States Attorney Office of the General Counsel 4 || Social Security Administration 6401 Security Boulevard 5 || Baltimore, MD 21235 6 E-Mail: [email protected] 7 || Attorneys for Defendant 8 9 UNITED STATES DISTRICT COURT 10 DISTRICT OF NEVADA 11 || MARCOS R. MILLER LOREDO, ) Case No. 2:23-cv-01882-CDS-NJK ) 12 Plaintiff ) STIPULATION TO VOLUNTARY ) REMAND PURSUANT TO 13 v. ) SENTENCE FOUR OF 42 U.S.C. § , ) 405(g) AND TO ENTRY OF 14 || MARTIN O’MALLEY, ) JUDGMENT FOR PLAINTIFF Commissioner of Social Security, ) 15 ) CF Nos. 14, 18 16 Defendant [E os. 14, 18] 17 18 The parties, through their respective counsel, stipulate to the following matters. The 19 || Commissioner’s final decision should be reversed and remanded for further administrative 20 || proceedings before an Administrative Law Judge (ALJ). The ALJ should further develop the record, 21 || as appropriate, offer Plaintiff the opportunity for a new hearing, and issue a new decision. Based on 22 || the updated record, the ALJ should reevaluate Plaintiff's statements, the medical evidence, and the 23 || step-five finding, as necessary. 24 Remand should be made under sentence four of

(g). See Melkonyan v. Sullivan, 25 26

1 ||

(1991). Plaintiff should be entitled to reasonable attorney fees and expenses pursuant to 2 ||

(d), upon proper request to this Court. Plaintiff should be entitled to costs as 3 || enumerated in

, under

(a). 4 The parties further request that the Clerk of the Court be directed to enter a final judgment in 5 || favor of Plaintiff and against Defendant, reversing the Commissioner’s final decision. 6 7 8 Dated: May 1, 2024 Respectfully submitted, 9 /s/ Matthew McGarry MATTHEW McGARRY 10 (*as authorized via email) Attorney for Plaintiff 11 12 || Dated: May 1, 2024 Respectfully submitted, 13 JASON M. FRIERSON 14 United States Attorney 15 Jeffrey E. Staples JEFFREY E. STAPLES 16 Special Assistant United States Attorney Attorneys for Defendant 17 18 ORDER 19 IT IS ORDERED that the parties’ stipulation to remand [ECF No. 18] is GRANTED. IT IS 29 || FURTHER ORDERED that the plaintiffs motion to remand [ECF No. 14] is DENIED as moot. 21 The Clerk of the Court is directed to enter final judgment in favor of plaintiff Marcos R. Miller 72 || Loredo and against defendant Martin O'Malley, reversing the Commissioner’s final decision, to remand ‘) 23 || this matter for further administrative proceedings before ax Administrative Law Judge, and to close 24 || this case. , 95 C . Silva wited States District Judge 26 ATED: May 3, 2024