Neves v. Commissioner of Social Security

Filing 23

ORDER and Judgment for Modification of Order Due to Mistake Pursuant to Rule 60(B) of the Federal Rules of Civil Procedure re 22 , signed by Magistrate Judge Erica P. Grosjean on 6/19/17. (Gonzalez, R)

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1 2 3 4 5 6 7 PHILLIP A. TALBERT United States Attorney DEBORAH LEE STACHEL Regional Chief Counsel, Region IX Social Security Administration STACY WIESBROCK Special Assistant United States Attorney 160 Spear Street, Suite 800 San Francisco, California 94105 Telephone: (415) 268-5612 Facsimile: (415) 744-0134 E-Mail: stacy.wiesbrock@ssa.gov 8 9 Attorneys for Defendant UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 FRESNO DIVISION 12 13 LAWRENCE JOHN NEVES, 14 Plaintiff, 15 vs. 16 17 18 NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant. 19 ) ) ) ) ) ) ) ) ) ) ) ) Case No. 1:15-cv-01194-EPG (SS) ORDER AND JUDGMENT FOR MODIFICATION OF ORDER DUE TO MISTAKE PURSUANT TO RULE 60(B) OF THE FEDERAL RULES OF CIVIL PROCEDURE Based upon the parties’ Joint Motion pursuant to Rule 60(b) of the Federal Rules of Civil 20 Procedure, the Court will vacate its March 21, 2017 Order and Judgment and issue an amended 21 order and judgment remanding the case back to the agency for any action necessary to process 22 this case as an MQGE case under 42 U.S.C. §§ 426, 1395c and award Medicare insurance 23 benefits, rather than disability insurance benefits. 24 \\\ 25 \\\ 26 \\\ 27 \\\ 28 1 All of the Court’s other orders should remain in place. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IT IS SO ORDERED. Dated: June 19, 2017 /s/ UNITED STATES MAGISTRATE JUDGE

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