Clemons v. Commissioner of Social Security

Filing 19

ORDER REMANDING MATTER Pursuant to Sentence Four of 42 U.S.C. 405(g) signed by Magistrate Judge Jennifer L. Thurston on 3/24/2017. CASE CLOSED. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MARIANNE CLEMONS,
Plaintiff,

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v.
NANCY A. BERRYHILL1,
Acting Commissioner of Social Security,

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Defendant.
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Case No.: 1:16-cv-00981 - JLT
ORDER REMANDING THE MATTER PURSUANT
TO SENTENCE FOUR OF 42 U.S.C. § 405(g)
ORDER DIRECTING ENTRY OF JUDGMENT IN
FAVOR OF PLAINTIFF MARIANNE CLEMONS
AND AGAINST DEFENDANT, NANCY
BERRYHILL, ACTING COMMISSIONER OF
SOCIAL SECURITY

Marianne Clemons initiated this action seeking judicial review of the administrative decision

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denying her application for Social Security benefits. On March 23, 2017, Plaintiff and Defendant

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Nancy A. Berryhill, Acting Commissioner Social Security, stipulated to a voluntary remand of

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Plaintiff’s Social Security appeal for further administrative proceedings. (Doc. 18)

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The parties seek remand to have for “the Commissioner [to] conduct any necessary further

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proceedings and issue a new decision with evidentiary support for the findings.” (Doc. 18 at 2) In

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addition, the parties want the ALJ to “follow SSR 02-01p in issuing any new decision.” (Id.) Finally,

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the parties stipulated for the matter to be remanded under sentence four of 42 U.S.C. § 405(g), and

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request final judgment be entered in favor of Plaintiff. (Id. at 1-2)

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Nancy A. Berryhill is now the Acting Commissioner of Social Security. Pursuant to Rule 25(d) of the Federal
Rules of Civil Procedure, the Court substitutes Nancy A. Berryhill for her predecessor, Carolyn W. Colvin, as the
defendant.

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Based upon the stipulation of the parties, the Court ORDERS:

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The matter is REMANDED under four of 42 U.S.C. § 405(g); and

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2.

The Clerk of Court is DIRECTED to enter judgment in favor of Plaintiff Marianne

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Clemons and against Defendant, Nancy A. Berryhill, Acting Commissioner of Social

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Security.

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IT IS SO ORDERED.
Dated:

March 24, 2017

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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