(SS) Jones v. Commissioner of Social Security ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KYLE VINCENT JONES, No. 1:22-cv-01388-ADA-BAM (SS) 12 Plaintiff, 13 v. ORDER REMANDING THE MATTER PURSUANT TO SENTENCE FOUR OF 42 14 KILOLO KIJAKAZI, Acting U.S.C. § 405(g) Commissioner of Social Security, 15 ORDER DIRECTING ENTRY OF Defendant. JUDGMENT IN FAVOR OF PLAINTIFF 16 AND AGAINST DEFENDANT 17 (ECF No. 11) 18 19 Plaintiff Kyle Vincent Jones and Defendant Kilolo Kijakazi, Acting Commissioner of 20 Social Security, stipulated to a voluntary remand for further administrative proceedings pursuant 21 to sentence four of 42 U.S.C. § 405(g) on January 27, 2023. (ECF No. 11.) They agree that, on 22 remand, “the Appeals Council will remand the case to an Administrative Law Judge (ALJ) to 23 further develop Plaintiff’s record, offer Plaintiff a new hearing, and issue a new decision.” (Id. at 24 1.) Additionally, “[t]he Appeals Council will instruct the ALJ to consider Plaintiff’s prior 25 unfavorable decision dated January 25, 2019 in accordance with Chavez v. Bowen, 844 F.2d 691 26 (9th Cir. 1988) and Acquiescence Ruling 97-4(9), and obtain supplemental evidence from a 27 vocational expert to clarify the effect of the assessed limitations on Plaintiff’s occupational base 28 and to resolve any conflicts between the occupational evidence provided by the vocational expert 1 | and information in the Dictionary of Occupational Titles.” (/d. at 1-2.) Finally, the Parties 2 | stipulate that judgment shall be entered in favor of Plaintiff and against Defendant, reversing the 3 | final decision of the Commissioner. (Ud. at 2.) 4 Accordingly, 5 1. The stipulation of the Parties, (ECF No. 11), is granted; 6 2. The matter is remanded for further administrative proceedings under sentence four 7 of 42 U.S.C. § 405(g); and 8 3. The Clerk of Court is directed to enter judgment in favor of Kyle Vincent Jones 9 and against Kilolo Kijakazi, the Acting Commissioner of Social Security. 10 11 12 | TIS SO ORDERED. 13 Dated: _ June 30, 2023 4 UNITED fTATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28