Gassaway v. Commissioner of Social Security

Filing 11

ORDER Remanding the Matter Pursuant to Sentence Four of 42 U.S.C. § 405(g), ORDER Directing Entry of Judgment in Favor of Plaintiff Cynthia Lea Gassaway and Against Defendant, Nancy A. Berryhill, Acting Commissioner of Social Security signed by Magistrate Judge Jennifer L. Thurston on 04/14/2017. CASE CLOSED.(Flores, E)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 CYNTHIA LEA GASSAWAY, Plaintiff, 12 13 14 v. NANCY A. BERRYHILL1, Acting Commissioner of Social Security, 15 Defendant. 16 ) ) ) ) ) ) ) ) ) ) ) Case No.: 1:16-cv-01435 - 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 CYNTHIA LEA GASSAWAY AND AGAINST DEFENDANT, NANCY A. BERRYHILL, ACTING COMMISSIONER OF SOCIAL SECURITY 17 Cynthia Lea Gassaway initiated this action seeking review of the administrative decision 18 denying her application for Social Security benefits. On April 13, 2017, Plaintiff and Defendant 19 stipulated to a voluntary remand of Plaintiff’s Social Security appeal for further administrative 20 proceedings. (Doc. 10) 21 The parties seek remand for “the Commissioner [to] conduct any necessary further proceedings 22 and issue a new decision with evidentiary support for the findings.” (Doc. 10 at 1) In addition, the 23 parties want the ALJ to “further consider all medical evidence of record when determining any 24 residual functional capacity (RFC).” (Id.) Finally, the parties stipulated for the matter to be remanded 25 under sentence four of 42 U.S.C. § 405(g), and request final judgment be entered in favor of Plaintiff. 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, the Court substitutes Nancy A. Berryhill for her predecessor, Carolyn W. Colvin, as the defendant. 1 1 (Id. at 2) 2 Based upon the stipulation of the parties, the Court ORDERS: 3 1. The matter is REMANDED under four of 42 U.S.C. § 405(g); and 4 2. The Clerk of Court is DIRECTED to enter judgment in favor of Plaintiff Cynthia 5 Gassaway and against Defendant, Nancy A. Berryhill, Acting Commissioner of Social 6 Security. 7 8 9 10 IT IS SO ORDERED. Dated: April 14, 2017 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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