Varela v. Commissioner of Social Security

Filing 13

STIPULATION TO VOLUNTARY REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(g) AND TO ENTRY OF JUDGMENT FOR PLAINTIFF signed by Magistrate Judge Barbara A. McAuliffe on 8/2/2017. CASE CLOSED. (Lundstrom, T)

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BENJAMIN B. WAGNER
United States Attorney
DEBORAH STACHEL
Regional Chief Counsel, Region IX
Social Security Administration
Chantal R. Jenkins, SBN PA 307531
Special Assistant United States Attorney
160 Spear Street, Suite 800
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]

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Attorneys for Defendant
UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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FRESNO DIVISION
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GUADALUPE VARELA,
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Plaintiff,
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vs.
NANCY A. BERRYHILL,
Acting Commissioner of Social Security,
Defendant.

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Case No.: 1:16-cv-01803-BAM
STIPULATION TO VOLUNTARY
REMAND PURSUANT TO SENTENCE
FOUR OF 42 U.S.C. § 405(g) AND TO
ENTRY OF JUDGMENT FOR PLAINTIFF

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IT IS HEREBY STIPULATED by and between the parties, through their undersigned
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attorneys, and with the approval of the Court, that the Commissioner of Social Security has
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agreed to a voluntary remand of this case pursuant to sentence four of 42 U.S.C. § 405(g).
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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 new decision. The Appeals Council will instruct the ALJ to further evaluate whether
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Plaintiff has the residual functional capacity to perform her past relevant work and, if
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appropriate, obtain supplemental vocational expert testimony.
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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,

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Rolfing & Kalagian, LLP

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Dated: July 28, 2017

/s/ Laura Krank by Chantal R. Jenkins*
LAURA KRANK
*As authorized via email by Laura Krank
on July XX, 2017
Attorney for Plaintiff

Dated: July 28, 2017

PHILLIP A. TALBERT
United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX
Social Security Administration

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By:

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/s/ Chantal R. Jenkins
CHANTAL R. JENKINS
Special Assistant United States Attorney

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ORDER

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

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remanded to the Commissioner of Social Security for further administrative action consistent

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with the above Stipulation. The Clerk of the Court is directed to enter a final judgment in favor

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of Plaintiff, and against Defendant, reversing the final decision of the Commissioner.
IT IS SO ORDERED.

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Dated:

/s/ Barbara

August 2, 2017

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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