Herrera v. Commissioner of Social Security

Filing 22

STIPULATION and ORDER for Voluntary Remand Pursuant to Sentence Four and 42 U.S.C. § 405(g) and for Entry of Judgment signed by Magistrate Judge Erica P. Grosjean on 08/28/2017. CASE CLOSED.(Flores, E)

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PHILLIP A. TALBERT
Acting United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX
Social Security Administration
ELIZABETH FIRER
Special Assistant United States Attorney
160 Spear Street, Suite 800
San Francisco, CA 94105
Telephone: [phone]
Facsimile: 415-744-0134
E-Mail: [e-mail]
Attorneys for Defendant

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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FRESNO DIVISION

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MAXIMINO LOPEZ HERRERA,

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Plaintiff,
v.
NANCY A. BERRYILL,
Acting Commissioner of Social Security,
Defendant.

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No. 1:16-cv-01458-EPG
STIPULATION FOR VOLUNTARY
REMAND PURSUANT TO SENTENCE
FOUR OF 42 U.S.C. § 405(g) AND FOR
ENTRY OF JUDGMENT

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IT IS HEREBY STIPULATED, by and between Maximino Lopez Herrera (Plaintiff) and

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Nancy A. Berryhill, Acting Commissioner of Social Security (the Commissioner or Defendant),

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through their respective counsel of record, that this action be remanded for further administrative

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action pursuant to section 205(g) of the Social Security Act, as amended, 42 U.S.C. section

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405(g), sentence four. On remand, the Commissioner will conduct any necessary further

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proceedings including developing additional evidence, and issue a new decision in compliance

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with the regulations and with evidentiary support for the findings.

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

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judgment in favor of Plaintiff, and against Defendant, reversing the final decision of the

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Commissioner.

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DATE: August 25, 2017

Respectfully submitted,

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PHILLIP A. TALBERT
Acting United States Attorney

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/s/ Elizabeth Firer
ELIZABETH FIRER
Special Assistant United States Attorney

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DATE: August 25, 2017

Respectfully submitted,
s/ Melissa Newel
MELISSA NEWEL
Attorney for Plaintiff
*per email authorization on August 25, 2017

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ORDER

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Based on the parties’ stipulation, this action is remanded for further administrative action
pursuant to section 205(g) of the Social Security Act, as amended, 42 U.S.C. section 405(g),

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sentence four. On remand, the Commissioner will conduct any necessary further proceedings

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including developing additional evidence, and issue a new decision in compliance with the

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regulations and with evidentiary support for the findings.

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The Clerk of the Court is directed to enter a final judgment in favor of Plaintiff, and
against Defendant, reversing the final decision of the Commissioner.

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IT IS SO ORDERED.
Dated:

August 28, 2017

/s/
UNITED STATES MAGISTRATE JUDGE

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