Nash v. Kijakazi

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 CHOCOLATE N., Case No.: 22-cv-1026-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 KILOLO KIJAKAZI, and Entry of Judgment [Doc. No. 37] 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. The parties jointly moved 19 for remand under sentence for of 42 U.S.C. § 405(g). Doc No. 37 (the “Joint Motion”). 20 Having reviewed the Complaint and the Joint Motion, the Court GRANTS the Joint 21 Motion. Upon remand, the Commissioner will offer the claimant the opportunity of a 22 hearing; offer the claimant an opportunity to submit additional evidence; reevaluate the 23 opinions of record, as necessary, consistent with 20 C.F.R. § 416.927; if necessary, obtain 24 new medical expert testimony; and proceed with the sequential evaluation, as warranted. 25 Plaintiff shall receive a new decision by the Commissoner. 26 The Clerk of Court is DIRECTED to enter a final judgment in favor of plaintiff, 27 and against defendant. The entry of judgment will begin the running of the thirty-day period 28 for which plaintiff, as the prevailing party, may make a timely application for attorneys’ 1 under the Equal Access to Justice Act. See 28 U.S.C. § 2412(d)(1)(B); Akopyan vy. 2 || Barnhart, 296 F.3d 852, 854 (9th Cir. 2002). 3 IT IS SO ORDERED. 4 || Dated: September 28, 2023 JE. Le 5 Mil Y Sa 6 Hori. Karen 8S. Crawford , United States Magistrate Judge

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