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: (415) 977-8963
Facsimile (415) 744-0134
E-Mail: sharon.lahey@ssa.com
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
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?