Johnson v. Commissioner of Social Security

Filing 19

STIPULATION AND ORDER FOR REMAND TO AGENCY 18 ; CLERK DIRECTED to enter Judgment In Favor of Plaintiff James C. Johnson and Against Defendant Commissioner of Social Security and administratively close this file, signed by Magistrate Judge Sheila K. Oberto on 06/29/2017. CASE CLOSED(Martin-Gill, S)

1
2
3
4
5
6
7
8
9

PHILLIP A. TALBERT (CSBN 145263)
Acting United States Attorney
DEBORAH LEE STACHEL (CSBN 230138)
Regional Chief Counsel, Region IX
Social Security Administration
SHARON LAHEY (CBSN 263027)
Special Assistant United States Attorney
160 Spear Street, Suite 800
San Francisco, California 94105
Telephone: [phone]
Facsimile [phone]
E-Mail: [e-mail]
Attorneys for DEFENDANT

10

UNITED STATES DISTRICT COURT

11

EASTERN DISTRICT OF CALIFORNIA

12

FRESNO

13
14

JAMES C. JOHNSON,
Plaintiff,

15
16
17
18
19
20
21
22
23
24
25
26
27

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

)
)
)
)
)
)
)
)
)
)
)

Case No.: 1:16-cv-01040-SKO
STIPULATION AND ORDER FOR
REMAND TO AGENCY
(Doc. 18)

IT IS HEREBY STIPULATED, by and between James C. Johnson (Plaintiff) and Nancy
A. Berryhill, Acting Commissioner of Social Security (the Commissioner or Defendant), through
their respective counsel of record, that the above-captioned matter be remanded for further
administrative action pursuant to section 205(g) of the Social Security Act, as amended, 42
U.S.C. section 405(g), sentence four. Upon remand, the Appeals Council will instruct the
administrative law judge to further consider whether medical improvement has occurred and, if
so, whether any exception applies to that finding, to proceed with the sequential evaluation
process as necessary, and to provide sufficient rationale with specific references to the evidence
of record in support of all findings and conclusions.

28

STIP. FOR REMAND TO AGENCY

CASE NO.: 1:16-cv-01040-SKO

1

The parties further request that the Clerk of the Court be directed to enter a final

2

judgment in favor of Plaintiff, and against Defendant, reversing the Commissioner’s final

3

decision.

4

Dated: June 29, 2017

Respectfully submitted,

5

LAW OFFICES OF LAWRENCE D. ROHLFING

6
By:

7
8
9

PHILLIP A. TALBERT
Acting United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX
Social Security Administration

10
11
12
13

/s/ * Steven Rosales
STEVEN ROSALES
(*As authorized by email on June 29, 2017)

Dated: June 29, 2017

14

By:

/s/ Sharon Lahey
SHARON LAHEY
Special Assistant U.S. Attorney

15
16
ORDER

17
18

Based upon the parties’ above-Stipulation for Remand to Agency (“Stipulation for

19

Remand”) (Doc. 18), and for cause shown, IT IS ORDERED that the above-captioned action be

20

REMANDED to the Commissioner of Social Security for further administrative proceedings

21
22

consistent with the terms of the Stipulation for Remand.

23

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

24

James C. Johnson and against Defendant Nancy A. Berryhill, Acting Commissioner of Social

25

Security, and (2) administratively close this file.

26
27
28

IT IS SO ORDERED.
Dated:

June 29, 2017

/s/

Sheila K. Oberto

.

UNITED STATES MAGISTRATE JUDGE
STIP. FOR REMAND TO AGENCY

2

CASE NO.: 1:16-cv-01040-SKO