Osborne v. Commissioner of Social Security

Filing 19

STIPULATION and ORDER for REMAND, signed by Magistrate Judge Sheila K. Oberto on 12/19/17. CASE CLOSED. (Gonzalez, R)

1
2
3
4
5
6
7
8
9
10

PHILLIP A. TALBERT
United States Attorney
DEBORAH LEE STACHEL, CSBN 230138
Regional Chief Counsel, Region IX
Social Security Administration
DONNA W. ANDERSON, PSBN 46355
Special Assistant United States Attorney
160 Spear Street, Suite 800
San Francisco, CA 94105-1545
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
Attorneys for Defendant

11

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
FRESNO DIVISION

12
13
14
15

CARMEN TERESA OSBORNE,

16
17
18

Plaintiff,
v.

19
20

NANCY A. BERRYHILL,
Commissioner of Social Security,

21
22

Defendant.

)
)
)
)
)
)
)
)
)
)
)

Case No. 1:16-cv-01920-SKO

STIPULATION AND ORDER FOR
REMAND
(Doc. 18)

23
24

IT IS STIPULATED, by and between the parties, through their respective

25

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

26

pursuant to section 205(g) of the Social Security Act, as amended, 42 U.S.C. section

27

405(g), sentence four.

28

1

1
2
3
4

On remand, the Appeals Council will remand the case to an administrative
law judge (ALJ) for a new decision. The Appeals Council will instruct the ALJ to
reevaluate the opinion evidence and Plaintiff’s residual functional capacity, if
necessary. The Appeals Council will instruct the ALJ to take further action, as

5

necessary, to complete the administrative record and resolve the above issues.
6
7
8
9

The parties further request that the Clerk of the Court be directed to enter a
final judgment in favor of Plaintiff, and against Defendant, reversing the final
decision of the Commissioner.
Respectfully submitted,

10
11
12

Date: December 18, 2017

13
14

By:

/s/ Monica Perales*
MONICA PERALES
Attorney for Plaintiff
(* By e-mail authorization on 12/18/17)

15
16
17
18

Dated: December 18, 2017

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

19
20
21
22

By: /s/ Donna W. Anderson
DONNA W. ANDERSON
Special Assistant U.S. Attorney
Attorneys for Defendant

23
24
25
26

ORDER
Based upon the parties’ Stipulation for Remand pursuant to Sentence Four of
42 U.S.C. § 405(g) (“Stipulation for Remand”) (Doc. 18), and for cause shown, IT

27
28

IS ORDERED that the above-captioned action be REMANDED to the

2

1

Commissioner of Social Security for further administrative proceedings consistent

2
3

with the terms of the Stipulation for Remand.
The Clerk of the Court is hereby DIRECTED to (1) enter judgment in favor

4
5

of Plaintiff Carmen Teresa Osborne and against Defendant Nancy A. Berryhill,
6
7

Acting Commissioner of Social Security, and (2) administratively close this file.

8
9
10
11
12

IT IS SO ORDERED.
Dated:

December 19, 2017

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

3

.