Rodriguez v. Commissioner of Social Security

Filing 17

ORDER remanding the matter pursuant to Sentence Four of 42 USC 405(g) and directing entry of Judgment in favor of Plaintiff and against Defendant signed by Magistrate Judge Jennifer L. Thurston on 10/4/2017. CASE CLOSED.(Lundstrom, T)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JOHNNY CRUZ RODRIGUEZ, Plaintiff, 12 13 14 v. NANCY A. BERRYHILL1, Acting Commissioner of Social Security, 15 Defendant. 16 ) ) ) ) ) ) ) ) ) ) ) Case No.: 1:16-cv-01820 - JLT ORDER REMANDING THE MATTER PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(g) ORDER DIRECTING ENTRY OF JUDGMENT IN FAVOR OF PLAINTIFF JOHNNY CRUZ RODRIGUEZ AND AGAINST DEFENDANT NANCY A. BERRYHILL, ACTING COMMISSIONER OF SOCIAL SECURITY 17 Johnny Cruz Rodriguez initiated this action seeking review of the administrative decision 18 denying an application for Social Security benefits. On October 4, 2017, Plaintiff and Nancy A. 19 Berryhill, Acting Commissioner Social Security, stipulated to a voluntary remand of Plaintiff’s Social 20 Security appeal for further administrative proceedings. (Doc. 16) 21 The parties seek remand for an administrative law judge “for new decision and hearing.” (Doc. 22 16 at 1) In particular, the ALJ shall “reevaluate whether Plaintiff has the residual functional capacity 23 to perform jobs that exist in significant numbers in the national economy given Plaintiff’s age, 24 education, vocational factors, and residual functional capacity.” (Id.) Further, the ALJ should “obtain 25 supplemental evidence from a vocational expert and clarify any conflicts between the testimony of the 26 vocational expert and the Dictionary of Occupational Titles.” (Id. at 1-2) 27 1 28 Nancy A. Berryhill is now the Acting Commissioner of Social Security. Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, the Court substitutes Nancy A. Berryhill for her predecessor, Carolyn W. Colvin, as the defendant. 1 1 The parties stipulated for the matter to be remanded under sentence four of 42 U.S.C. § 405(g), 2 and request final judgment be entered in favor of Plaintiff. (Id. at 1-2) 3 Based upon the stipulation of the parties, the Court ORDERS: 4 1. The matter is REMANDED under four of 42 U.S.C. § 405(g); and 5 2. The Clerk of Court is DIRECTED to enter judgment in favor of Plaintiff Johnny Cruz 6 Rodriguez and against Defendant, Nancy A. Berryhill, Acting Commissioner of Social 7 Security. 8 9 10 11 IT IS SO ORDERED. Dated: October 4, 2017 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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