Terrazas v. Commissioner of Social Security

Filing 21

STIPULATION and ORDER for voluntary remand and for entry of Judgment for Plaintiff signed by Magistrate Judge Erica P. Grosjean on 11/6/2017. CASE CLOSED.(Lundstrom, T)

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7 PHILIP TALBERT United States Attorney DEBORAH LEE STACHEL – CSBN 230138 Regional Chief Counsel, Region IX Social Security Administration RICHARD M. RODRIGUEZ Special Assistant United States Attorney 160 Spear Street, Suite 800 San Francisco, California 94105 Telephone: (415) 977-8926 Facsimile: (415) 744-0134 E-Mail: Richard.Rodriguez@ssa.gov 8 Attorneys for Defendant 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 9 10 EASTERN DISTRICT OF CALIFORNIA 11 FRESNO DIVISION 12 ANNA MARIA TERRAZAS, 13 14 Plaintiff, vs. 15 16 17 18 NANCY A. BERRYHILL, Acting Commissioner of the Social Security Administration, ) ) ) ) ) ) ) ) ) ) ) ) Case No: 1:16-CV-01812-EPG STIPULATION AND ORDER FOR VOLUNTARY REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(g) AND FOR ENTRY OF JUDGMENT FOR PLAINTIFF Defendant. 19 20 IT IS HEREBY STIPULATED, by and between Anna Maria Terrazas (Plaintiff) and Nancy A. Berryhill, Acting Commissioner of Social Security (the Commissioner or Defendant), 21 through their respective counsel of record, that this action be reversed and remanded for further 22 administrative action pursuant to section 205(g) of the Social Security Act, as amended, 42 U.S.C. 23 24 25 § 405(g), sentence four. On remand, the Appeals Council will remand the case to an administrative law judge (ALJ) for a new hearing and de novo decision. On remand, the Appeals Council will direct Administrative Law Judge to 1) with the 26 assistance of a vocational expert re-evaluate her findings at steps four and five of the sequential 27 evaluation process and 2) determine whether Plaintiff’s past relevant work provided transferable 28 1 1 skills that would require little vocational adjustment to other jobs existing in significant numbers 2 in the national economy. 3 Respectfully submitted, 4 5 Dated: November 6, 2017 PHILLIP TALBERT United States Attorney DEBORAH LEE STACHEL, Regional Chief Counsel, Region IX Social Security Administration 6 7 8 By: 9 10 /s/Richard M. Rodriguez RICHARD M. RODRIGUEZ Special Assistant U.S. Attorney Attorneys for Defendant 11 12 13 14 15 16 Dated: November 6, 2017 /s/Denise Bourgeois Haley By: Richard M. Rodriguez, as authorized by email on November 6, 2017 DENISE BOURGEOIS HALEY, ESQ. CSBN: 143709 Attorney for Plaintiff 17 18 19 20 21 22 23 24 25 26 27 28 2 1 ORDER 2 Pursuant to the parties’ stipulation, this action is reversed and remanded for further 3 administrative action pursuant to section 205(g) of the Social Security Act, as amended, 42 U.S.C. 4 § 405(g), sentence four. 5 6 7 8 On remand, the Appeals Council will remand the case to an administrative law judge (ALJ) for a new hearing and de novo decision. On remand, the Appeals Council will direct Administrative Law Judge to 1) with the assistance of a vocational expert re-evaluate her findings at steps four and five of the sequential evaluation process and 2) determine whether Plaintiff’s past relevant work provided transferable 9 skills that would require little vocational adjustment to other jobs existing in significant numbers 10 in the national economy. 11 12 Accordingly, the Clerk is directed to enter judgment in favor of Plaintiff and against Defendant Commissioner of Social Security and to CLOSE this case. 13 14 IT IS SO ORDERED. 15 Dated: 16 November 6, 2017 /s/ UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 3

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