Moreno v. Commissioner of Social Security

Filing 13

ORDER re Stipulation for Voluntary Remand Pursuant to Sentence Four of 42 U.S.C. 405(g) and For Entry of Judgment for Plaintiff, signed by Magistrate Judge Stanley A. Boone on 1/19/18. CASE CLOSED. (Marrujo, C)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9
10

EASTERN DISTRICT OF CALIFORNIA

11

FRESNO DIVISION

12
13
14
15
16
17

)
)
)
Plaintiff,
)
)
vs.
)
)
NANCY A. BERRYHILL, Acting Commissioner )
)
of the Social Security Administration,
)
)
Defendant.
)
LIZA LUCERO MORENO,

Case No: 1:16-CV-01600-SAB
ORDER RE STIPULATION FOR VOLUNTARY
REMAND PURSUANT TO SENTENCE FOUR
OF 42 U.S.C. § 405(g) AND FOR ENTRY OF
JUDGMENT FOR PLAINTIFF
(ECF No. 12)

18
19

IT IS HEREBY STIPULATED, by and between LIZA LUCERO MORENO (Plaintiff)

20

and NANCY A. BERRYHILL, Acting Commissioner of Social Security (the Commissioner or

21

Defendant), through their respective counsel of record, that this action be reversed and remanded

22

for further administrative action pursuant to section 205(g) of the Social Security Act, as amended,

23

42 U.S.C. § 405(g), sentence four. On remand, the Appeals Council will remand the case to an

24

administrative law judge (ALJ) for a new hearing and de novo decision. On remand, the Appeals

25

Council will direct Administrative Law Judge to 1) give further consideration to the severity of

26

Plaintiff’s impairment; 2) reassess Plaintiff’s subjective complaints; 3) reassess Plaintiff’s residual
functional capacity; and obtain supplemental vocational expert evidence if necessary.

27
28
1

Respectfully submitted,

1
2

Dated: January 19, 2018

McGREGOR W. SCOTT
United States Attorney
DEBORAH LEE STACHEL,
Regional Chief Counsel, Region IX
Social Security Administration

3
4
5

By:
6
7

/s/Richard M. Rodriguez
RICHARD M. RODRIGUEZ
Special Assistant U.S. Attorney
Attorneys for Defendant

8
9
10

Dated: January 19, 2018

11
12

/s/ Steven G. Rosales
By: Richard M. Rodriguez,
as authorized by email on January 19, 2018
STEVEN G. ROSALES, ESQ.
Attorney for Plaintiff

13

ORDER

14
15

Pursuant to the stipulation of the parties, IT IS HEREBY ORDERED that this action is

16

remanded for further administrative action pursuant to section 205(g) of the Social Security Act, as

17

amended, 42 U.S.C. § 405(g), sentence four. All outstanding matters and dates are HEREBY

18

VACATED. It is FURTHER ORDERED that judgment be entered in favor of Plaintiff Liz

19

Lucero Moreno and against Defendant Commissioner of Social Security. The Clerk of the Court

20

is directed to CLOSE this action.

21
22

IT IS SO ORDERED.

23

Dated:

24

January 19, 2018
UNITED STATES MAGISTRATE JUDGE

25
26
27
28
2