Phou v. Commissioner of Social Security

Filing 18

ORDER for Voluntary Remand Pursuant to Sentence Four of 42 U.S.C. 405(g) signed by Magistrate Judge Gary S. Austin on 3/8/2017. CASE CLOSED. (Jessen, A)

1
2
3
4
5
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
FRESNO DIVISION

6
7
8

JENNIFER SAVEIN PHOU,

9

Plaintiff,

10
11
12

v.
1

NANCY A. BERRYHILL ,
Acting Commissioner of Social Security,

13

Defendant.

14

)
)
)
)
)
)
)
)
)
)
)
)
)

Case No. 1:16-cv-00782-GSA

ORDER FOR VOLUNTARY REMAND
PURSUANT TO SENTENCE FOUR OF 42
U.S.C. § 405(g)
ORDER DIRECTING THE CLERK OF
THE COURT TO ENTER JUDGMENT

15
16

Pursuant to the stipulation between the parties filed on March 3, 2017 (Doc. 17), this case

17

shall be remanded to the Commissioner for further proceedings as authorized by sentence four of

18

42 U.S.C. § 405(g).
On remand, the Appeals Council will remand the case to an administrative law judge

19
20

(ALJ) for a new hearing and decision. The Appeals Council will instruct the ALJ to re-evaluate

21

the medical evidence and explain the weight given to the opinion evidence consistent with 20

22

C.F.R. § 416.927. The Appeals Council will also instruct the ALJ, if necessary, to evaluate

23

whether Plaintiff has the residual functional capacity to perform past relevant work, and, if

24

appropriate, to obtain supplemental vocational expert testimony to assist in determining what

25
26
27
28

1

Nancy A. Berryhill is now the Acting Commissioner of Social Security. Pursuant to Rule 25(d)
of the Federal Rules of Civil Procedure, Nancy A. Berryhill should be substituted for Acting
Commissioner Carolyn W. Colvin as the defendant in this suit. No further action needs to be
taken to continue this suit by reason of the last sentence of section 205(g) of the Social Security
Act, 42 U.S.C. § 405(g).
1
1:16-cv-00782-GSA; Voluntarily Remand Order

1

jobs exist, if any, given Plaintiff’s age, education, vocational factors, and residual functional

2

capacity.

3

The Clerk of the Court is directed to enter a final judgment in favor of Plaintiff, Jennifer

4

Savein Phou, and against Defendant, Nancy A. Berryhill, the Commissioner of Social Security.

5
6
7
8

IT IS SO ORDERED.
Dated:

March 8, 2017

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
1:16-cv-00782-GSA; Voluntarily Remand Order