Hun v. Commissioner of Social Security

Filing 19

ORDER REMANDING the Matter Pursuant to Sentence Four of 42 USC 405(g); ORDER DIRECTING Entry of Judgment in Favor of Plaintiff Moeuk Hun and Against Defendant, Nancy A. Berryhill, Acting Commissioner of Social Security, signed by Magistrate Judge Jennifer L. Thurston on 7/18/17. CASE CLOSED. (Marrujo, C)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MOEUK HUN, Plaintiff, 12 13 14 v. NANCY A. BERRYHILL1, Acting Commissioner of Social Security, 15 Defendant. 16 17 ) ) ) ) ) ) ) ) ) ) ) Case No.: 1:16-cv-01468 - 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 MOEUK HUN AND AGAINST DEFENDANT, NANCY A. BERRYHILL, ACTING COMMISSIONER OF SOCIAL SECURITY Plaintiff Moeuk Hun initiated this action seeking review of the administrative decision denying 18 an application for Social Security benefits. On July 17, 2017, Plaintiff and Defendant Nancy A. 19 Berryhill, Acting Commissioner Social Security, stipulated to a voluntary remand of Plaintiff’s Social 20 Security appeal for further administrative proceedings. (Doc. 18) 21 The parties seek remand for “the ALJ to further evaluate whether Plaintiff has the residual 22 functional capacity to perform her past relevant work and, if appropriate, obtain supplemental 23 vocational expert testimony to assist in determining what jobs exist, if any, for Plaintiff given her age, 24 education, vocational factors and residual functional capacity.” (Doc. 18 at 1-2) In addition, the 25 parties stipulated for the matter to be remanded under sentence four of 42 U.S.C. § 405(g), and request 26 final judgment be entered in favor of Plaintiff. (Id.) 27 1 28 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 Based upon the stipulation of the parties, the Court ORDERS: 2 1. The matter is REMANDED under four of 42 U.S.C. § 405(g); and 3 2. The Clerk of Court is DIRECTED to enter judgment in favor of Plaintiff Moeuk Hun and against Defendant, Nancy A. Berryhill, Acting Commissioner of Social Security. 4 5 6 7 8 IT IS SO ORDERED. Dated: July 18, 2017 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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