Bowman v. Kijakazi ( 2024 )

JASON M. FRIERSON 1 United States Attorney Nevada Bar No. 7709 2 JEFFREY E. STAPLES, Washington Bar No. 45035 Special Assistant United States Attorney 3 Office of the General Counsel Social Security Administration 4 6401 Security Boulevard Baltimore, MD 21235 5 E-Mail: jeff.staples@ssa.gov 6 7 Attorneys for Defendant 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 11 AHMAD MALIK BOWMAN, ) ) Case No. 2:23-cv-01741-BNW 12 Plaintiff, ) ) STIPULATION TO VOLUNTARY 13 v. ) REMAND PURSUANT TO SENTENCE ) FOUR OF 42 U.S.C. § 405(g) AND TO 14 MARTIN O’MALLEY, ) ENTRY OF JUDGMENT FOR Commissioner of Social Security,1 ) PLAINTIFF 15 ) Defendant. ) 16 ) ) 17 18 The parties, through their respective counsel, stipulate to the following matters. The 19 20 Commissioner’s final decision should be reversed and remanded for further administrative 21 proceedings before an Administrative Law Judge (ALJ). The ALJ should further develop the record, 22 as appropriate, and issue a new decision. The ALJ should obtain additional vocational expert 23 24 25 1 Martin O’Malley became the Commissioner of Social Security on December 20, 2023. Under Fed. R. Civ. P. 25(d), Martin O’Malley should be substituted for Kilolo Kijakazi as the defendant in this suit. testimony and identify a significant number of jobs available in the national economy that Plaintiff can > perform. The ALJ should reevaluate the step-five findings, as necessary. 3 Remand should be made under sentence four of 42 U.S.C. § 405(g). See Melkonyan vy. Sullivan, 4 |1501 U.S. 89 (1991). Plaintiff should be entitled to reasonable attorney fees and expenses pursuant to U.S.C. § 2412(d), upon proper request to this Court. Plaintiff should be entitled to costs as 6 enumerated in 28 U.S.C. $ 1920, under 28 U.S.C. § 2412(a). 4 The parties further request that the Clerk of the Court be directed to enter a final judgment in 8 9 favor of Plaintiff and against Defendant, reversing the Commissioner’s final decision. 10 11 |! Dated: February 14, 2024 Respectfully submitted, 12 . /s/ Marc Kalagian B MARC KALAGIAN (*as authorized via email on January 31, 2024) 14 Attorney for Plaintiff 15 16 Dated: February 14, 2024 Respectfully submitted, 7 JASON M. FRIERSON United States Attorney 18 /s/ Jeffrey E. Staples 19 JEFFREY E. STAPLES Special Assistant United States Attorney 20 Attorneys for Defendant 21 IT IS SO ORDERED: 23 Giapmlawet oy HON. BRENDA WEKSLER ~ 2A UNITED STATES MAGISTRATE JUDGE 25 DATED: _ 2/16/2024 26 11 CERTIFICATE OF SERVICE 22 I, the undersigned, am a citizen of the United States and am at least eighteen years of age. My 33 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 44 VOLUNTARY REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(g) AND TO 55 ENTRY OF JUDGMENT FOR PLAINTIFF to be served upon the following by: 66 77 CM/ECF: Marc Kalagian 88 Marc.Kalagian@rksslaw.com 99 I declare under penalty of perjury that the foregoing is true and correct. 1100 Dated: February 14, 2024 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