Kirtley v. Commissioner of Social Security

Filing 12

STIPULATION and ORDER to Voluntarily Remand Pursuant to Sentence Four of 42 U.S.C. § 405(g) signed by Magistrate Judge Barbara A. McAuliffe on 06/30/2017. CASE CLOSED.(Flores, E)

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1 2 3 4 5 6 7 PHILLIP A. TALBERT United States Attorney DEBORAH LEE STACHEL, CSBN 230138 Regional Chief Counsel, Region IX Social Security Administration CYNTHIA B. DE NARDI, CSBN 256770 Special Assistant United States Attorney 160 Spear Street, Suite 800 San Francisco, California 94105-2102 Telephone: (415) 977-8961 Facsimile: (415) 744-0134 Email: cynthia.denardi@ssa.gov 8 9 Attorneys for Defendant 10 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION 11 12 13 14 15 16 17 JAMES BRADLEY KIRTLEY, Plaintiff, v. NANCY A. BERRYHILL, Acting Commissioner of Social Security, 18 19 Defendant. ) ) ) ) ) ) ) ) ) ) ) ) Case No. 1:16-cv-01753-BAM STIPULATION TO VOLUNTARILY REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(g); AND ORDER 20 21 IT IS HEREBY STIPULATED, by and between James Bradley Kirtley and Nancy A. 22 Berryhill, Acting Commissioner of Social Security (the Commissioner or Defendant), through 23 their respective counsel of record, that this action be remanded for further administrative action 24 pursuant to section 205(g) of the Social Security Act, as amended, 42 U.S.C. section 405(g), 25 sentence four. 26 On remand, the Appeals Council will remand the case to an administrative law judge 27 (ALJ) for a decision. The Appeals Council will instruct the ALJ to obtain supplemental 28 vocational expert testimony, based on findings through step four of ALJ’s decision, to assist in 1 1:16-cv-01753-BAM; Stipulation to Voluntarily Remand and Order 1 determining what jobs exist, if any, for the claimant given his age, vocational factors, and 2 residual functional capacity. 3 The parties further request that the Clerk of the Court be directed to enter a final 4 judgment in favor of Plaintiff, and against Defendant, reversing the final decision of the 5 Commissioner. 6 7 Respectfully submitted, Dated: June 26, 2017 /s/ John D. Metsker JOHN DAVID METSKER The Metsker Law Firm Attorney for Plaintiff Dated: June 26, 2017 PHILLIP A. TALBERT United States Attorney 8 9 10 11 12 13 /s Cynthia B. De Nardi CYNTHIA B. DE NARDI Special Assistant United States Attorney Attorneys for Defendant 14 15 16 17 ORDER 18 19 Based upon the parties’ Stipulation to Voluntarily Remand Pursuant to Sentence Four of 20 42 U.S.C. § 405(g) (“Stipulation to Remand”), and for cause shown, IT IS HEREBY 21 ORDERED, ADJUDGED AND DECREED that the above-captioned action is remanded to the 22 Commissioner of Social Security for further proceedings consistent with the terms of the 23 Stipulation to Remand. 24 25 26 IT IS SO ORDERED. Dated: /s/ Barbara June 30, 2017 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 27 28 2 1:16-cv-01753-BAM; Stipulation to Voluntarily Remand and Order

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