Shotorbani v. Kijakazi ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 SHERRELL S., Case No.: 23-cv-2174-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 MARTIN O’MALLEY, Commissioner of and Entry of Judgment [Doc. No. 15] Social Security, 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. 9. The parties were unable to resolve the case initially, and plaintiff filed an 21 opening brief. Doc. Nos. 10, 13. However, on May 14, 2024, the parties jointly moved for 22 remand under sentence for of 42 U.S.C. § 405(g). Doc No. 15 (the “Joint Motion”). 23 Having reviewed the Complaint and the Joint Motion, the Court GRANTS the Joint 24 Motion. The decision of the Commissioner in this matter is vacated and the matter is 25 remanded to the Administration. Upon remand, the Appeals Council will remand the case 26 to an Administrative Law Judge (ALJ) for a new decision, and instruct the ALJ to re- 27 evaluate the evidence of record. The Clerk of Court shall enter a final judgment in favor of 28 1 || plaintiff, and against defendant. The entry of judgment will begin the running of the thirty- 2 period for which plaintiff, as the prevailing party, may make a timely application for 3 || attorneys’ fees under the Equal Access to Justice Act. See 28 U.S.C. § 2412(d)(1)(B); 4 || Akopyan v. Barnhart, 296 F.3d 852, 854 (9th Cir. 2002). 5 IT IS SO ORDERED. 6 || Dated: May 14, 2024 JE. Le g Hori. Karen 8S. Crawford 9 United States Magistrate Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28