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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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: [phone]
Facsimile: [phone]
Email: [e-mail]

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Attorneys for Defendant

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
FRESNO DIVISION

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JAMES BRADLEY KIRTLEY,
Plaintiff,
v.
NANCY A. BERRYHILL,
Acting Commissioner of Social Security,

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Defendant.

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Case No. 1:16-cv-01753-BAM
STIPULATION TO VOLUNTARILY
REMAND PURSUANT TO SENTENCE
FOUR OF 42 U.S.C. § 405(g); AND
ORDER

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IT IS HEREBY STIPULATED, by and between James Bradley Kirtley and Nancy A.

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Berryhill, Acting Commissioner of Social Security (the Commissioner or Defendant), through

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

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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.

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On remand, the Appeals Council will remand the case to an administrative law judge

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(ALJ) for a decision. The Appeals Council will instruct the ALJ to obtain supplemental

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vocational expert testimony, based on findings through step four of ALJ’s decision, to assist in
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1:16-cv-01753-BAM; Stipulation to Voluntarily Remand and Order

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determining what jobs exist, if any, for the claimant given his age, vocational factors, and

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residual functional capacity.

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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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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

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/s Cynthia B. De Nardi
CYNTHIA B. DE NARDI
Special Assistant United States Attorney
Attorneys for Defendant

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ORDER

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Based upon the parties’ Stipulation to Voluntarily Remand Pursuant to Sentence Four of

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42 U.S.C. § 405(g) (“Stipulation to Remand”), and for cause shown, IT IS HEREBY

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ORDERED, ADJUDGED AND DECREED that the above-captioned action is remanded to the

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Commissioner of Social Security for further proceedings consistent with the terms of the

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Stipulation to Remand.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

June 30, 2017

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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1:16-cv-01753-BAM; Stipulation to Voluntarily Remand and Order