Zotos v. Commissioner of Social Security

Filing 19

STIPULATION AND ORDER for Voluntary Remand pursuant to Sentence Four of 42:405(g) and Entry of Judgment for Plaintiff, signed by Magistrate Judge Barbara A. McAuliffe on 12/20/2016. CASE CLOSED (Martin-Gill, S)

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1 2 3 4 5 6 7 8 PHILLIP A. TALBERT United States Attorney DEBORAH L. STACHEL Regional Chief Counsel, Region IX Social Security Administration MARCELO ILLARMO, MA BBO 670079 Special Assistant United States Attorney Social Security Administration 160 Spear Street, Suite 800 San Francisco, CA 94105 Telephone: (415) 977-8944 Facsimile: (415) 744-0134 Email: Marcelo.Illarmo@ssa.gov Attorneys for Defendant 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 12 SUNNIE ZOTOS, 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner of Social Security, ) ) ) ) ) ) ) ) ) ) Case No. : 1:16-CV-0060-BAM STIPULATION AND ORDER FOR VOLUNTARY REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(g) AND ENTRY OF JUDGMENT Defendant. IT IS HEREBY STIPULATED by and between the parties, through their undersigned attorneys, and with the approval of the Court, that the Commissioner of Social Security has agreed to a voluntary remand of this case pursuant to sentence four of 42 U.S.C. § 405(g). The purpose of the remand is to offer Plaintiff a new decision. On remand, the Commissioner will conduct any necessary further proceedings and issue a new decision. The parties further request that the Clerk of the Court be directed to enter a final judgment in favor of Plaintiff, and against Defendant, reversing the final decision of the Commissioner. Respectfully submitted, 1 2 3 4 Date: December 12, 2016, By: 5 /s/ Melissa Newel* MELISSA NEWEL Attorney for Plaintiff *By email authorization on 12/9/16 6 7 Date: December 12, 2016 8 By: 9 10 PHILLIP A. TALBERT United States Attorney /s/ Marcelo Illarmo MARCELO ILLARMO Special Assistant United States Attorney Attorneys for Defendant 11 12 ORDER 13 14 Based upon the parties’ joint stipulation (Doc. 18), IT IS HEREBY ORDERED, 15 ADJUDGED AND DECREED that the above-captioned action is remanded to the Commissioner 16 of Social Security for further proceedings consistent with the terms of the Stipulation to Remand, 17 and that judgment be entered for Plaintiff. 18 19 20 21 22 23 24 25 26 27 28 IT IS SO ORDERED. Dated: December 20, 2016 /s/ Barbara A. McAuliffe UNITED STATES MAGISTRATE JUDGE _

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