Chavez v. Commissioner of Social Security

Filing 20

ORDER REMANDING the Matter Pursuant to Sentence Four of 42:405(g); ORDER DIRECTING Entry of Judgment In Favor of Plaintiff Morghan Chavez and Against Defendant Nancy A. Berryhill, Acting Commissioner of Social Security,signed by Magistrate Judge Jennifer L. Thurston on 09/1/17. Civil Case Terminated. CASE CLOSED (Martin-Gill, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MORGHAN CHAVEZ, 12 Plaintiff, 13 14 v. NANCY A. BERRYHILL1, Acting Commissioner of Social Security, 15 Defendant. 16 17 ) ) ) ) ) ) ) ) ) ) ) Case No.: 1:16-cv-01559 - 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 MORGHAN CHAVEZ AND AGAINST DEFENDANT, NANCY A. BERRYHILL, ACTING COMMISSIONER OF SOCIAL SECURITY Morghan Chavez initiated this action seeking review of the administrative decision denying an 18 application for Social Security benefits. On September 1, 2017, Plaintiff and Nancy A. Berryhill, 19 Acting Commissioner Social Security, stipulated to a voluntary remand of Plaintiff’s Social Security 20 appeal for further administrative proceedings. (Doc. 19) 21 The parties seek remand for an administrative law judge to conduct “further proceedings, 22 including a new hearing and a new decision.” (Doc. 19 at 1) In addition, the parties stipulated for the 23 matter to be remanded under sentence four of 42 U.S.C. § 405(g), and request final judgment be 24 entered in favor of Plaintiff. (Id. at 1-12) 25 Based upon the stipulation of the parties, the Court ORDERS: 26 1. The matter is REMANDED under four of 42 U.S.C. § 405(g); and 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 2. The Clerk of Court is DIRECTED to enter judgment in favor of Plaintiff Morghan 2 Chavez and against Defendant, Nancy A. Berryhill, Acting Commissioner of Social 3 Security. 4 5 6 7 IT IS SO ORDERED. Dated: September 1, 2017 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 8 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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