Brown v. Dudek

SUE FAHAMI Acting United States Attorney Nevada Bar No. 5634 JEFFREY E. STAPLES, Washington Bar No. 45035 Special Assistant United States Attorney Office of the General Counsel Social Security Administration 6401 Security Boulevard Baltimore, MD 21235 E-Mail: [email protected] Attorneys for Defendant UNITED STATES DISTRICT COURT DISTRICT OF NEVADA ZENIA BROWN, ) ) Case No. 2:25-cv-00383-JCM-NJK 12 Plaintiff, ) ) STIPULATION TO VOLUNTARY 13 v. ) REMAND PURSUANT TO SENTENCE ) FOUR OF 42 U.S.C. § 405(g) AND TO FRANK BISIGNANO, ) ENTRY OF JUDGMENT FOR Commissioner of Social Security, ) PLAINTIFF 15 ) Defendant. ) 16 ) ) The parties, through their respective counsel, stipulate to the following matters. The Commissioner’s final decision should be reversed and remanded for further administrative proceedings before an Administrative Law Judge (ALJ). The ALJ should further develop the record, offer Plaintiff a new hearing, and issue a new decision. The ALJ should reevaluate the evidence and the step-five finding, as necessary.

Remand should be made under sentence four of 42 U.S.C. § 405(g). See Melkonyan v. Sullivan, 501 U.S. 89 (1991). Plaintiff should be entitled to reasonable attorney fees and expenses pursuant to 28 U.S.C. § 2412(d), upon proper request to this Court. Plaintiff should be entitled to costs as enumerated in 28 U.S.C. § 1920, under 28 U.S.C. § 2412(a).

3 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 Commissioner’s final decision.

Dated: July 2, 2025 Respectfully submitted, /s/ John Metsker 8 JOHN METSKER (*as authorized via email) 9 Attorney for Plaintiff || Dated: July 2, 2025 Respectfully submitted, 12 SUE FAHAMI B Acting United States Attorney 14 /s/ Jeffrey E. Staples JEFFREY E. STAPLES 15 Special Assistant United States Attorney Attorneys for Defendant 17 IT IS SO ORDERED: 18 : a (tid ©. Ato law HON. JAMES C. MAHAN ? UNITED STATES DISTRICT JUDGE July 3, 2025 DATED: □□ 11 CERTIFICATE OF SERVICE 22 I, the undersigned, am a citizen of the United States and am at least eighteen years of age. My business address is 6401 Security Boulevard, Baltimore, MD 21235. I am not a party to the above- entitled action. On the date set forth below, I caused a copy of the above STIPULATION TO VOLUNTARY REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(g) AND TO ENTRY OF JUDGMENT FOR PLAINTIFF to be served upon the following by: 77 CM/ECF: John Metsker 88 [email protected] I declare under penalty of perjury that the foregoing is true and correct.

1100 Dated: July 2, 2025 1111 /s/ Jeffrey E. Staples 1122 JEFFREY E. STAPLES Special Assistant United States Attorney 1133 1144 1155 1166 1177 1188 1199 2200 2211 2222 2233 2244 2255 2266