Isaac v. Commissioner of Social Security

Filing 17

STIPULATION and ORDER for Voluntary Remand signed by Magistrate Judge Sheila K. Oberto on 3/30/2017. CASE CLOSED. (Sant Agata, S)

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PHILIP A. TALBERT
United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX
Social Security Administration
JEFFREY CHEN, CSBN 260516
Special Assistant United States Attorney
Social Security Administration
160 Spear Street, Suite 800
San Francisco, CA 94105
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Defendant

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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FRESNO DIVISION
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TONI LYNN ISAAC,

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Plaintiff,

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v.

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NANCY A, BERRYHILL,
Acting Commissioner of Social Security,
Defendant.

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Civil No. 1:16-cv-00232-SKO
STIPULATION FOR VOLUNTARY
REMAND PURSUANT TO SENTENCE
FOUR OF 42 U.S.C. § 405(g)

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IT IS HEREBY STIPULATED by and between the parties, through their undersigned

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attorneys, and with the approval of the Court, that the Commissioner of Social Security has

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agreed to a voluntary remand of this case pursuant to sentence four of 42 U.S.C. § 405(g). The

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purpose of the remand is to offer Plaintiff a new hearing and decision.

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Upon remand to the defendant, the Office of Disability Adjudication and Review

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(ODAR) will remand this case to an Administrative Law Judge (ALJ) with instructions to

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reevaluate the medical evidence of record, reassess Plaintiff’s residual functional capacity, and

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obtain supplemental vocational expert testimony if needed. The ALJ will take any further action

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deemed necessary to develop the record and issue a new decision.

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Respectfully submitted,

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Date: March 29, 2017

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CERNEY KREUZE & LOTT, LLP
By:

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Date: March 29, 2017

PHILIP A. TALBERT
United States Attorney

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By:

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/s/ Shellie Lott*
SHELLIE LOTT
* By email authorization on March 29, 2017
Attorney for Plaintiff

/s/ Jeffrey Chen
JEFFREY CHEN
Special Assistant United States Attorney
Attorneys for Defendant

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ORDER

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Based upon the parties’ above-Stipulation for Voluntary Remand Pursuant to Sentence

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Four of 42 U.S.C. § 405(g) (“Stipulation for Remand”) (Doc. 16), and for cause shown, IT IS

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ORDERED that the above-captioned action be REMANDED to the Commissioner of Social

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Security for further administrative proceedings consistent with the terms of the Stipulation for

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Remand.

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The Clerk of the Court is hereby DIRECTED to (1) enter judgment in favor of Plaintiff

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Toni Lynn Isaac and against Defendant Nancy A. Berryhill, Acting Commissioner of Social

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Security, and (2) administratively close this file.

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IT IS SO ORDERED.
Dated:

March 30, 2017

/s/

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Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

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