Watkins v. Commissioner of Social Security

Filing 18

STIPULATION for Voluntary remand pursuant to Sentence Four of 42 USC 405(g) and entry of Judgment signed by Magistrate Judge Erica P. Grosjean on 12/6/2017. CASE CLOSED. (Lundstrom, T)

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PHILIP A. TALBERT
United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX
Social Security Administration
GERALYN A. GULSETH
Special Assistant United States Attorney
160 Spear Street, Suite 800
San Francisco, California 94105
Telephone: [phone]
Facsimile: 415-977-8809
E-mail: [e-mail]
Attorneys for DEFENDANT

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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FRESNO DIVISION

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DANNY RAY WATKINS,

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Plaintiff,
vs.
NANCY A. BERRYHILL,
Acting Commissioner of Social Security,
Defendant.

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CIVIL NO. 1:17-0042-EPG
STIPULATION FOR VOLUNTARY
REMAND PURSUANT TO
SENTENCE FOUR OF 42 U.S.C.
§ 405(g) AND ENTRY OF JUDGMENT

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IT IS HEREBY STIPULATED by the parties, through their undersigned attorneys, and with the
approval of the Court, that, Nancy A. Berryhill, Acting Commissioner of Social Security (Defendant or
the Commissioner) has agreed to voluntarily remand this case for further administrative proceedings,
pursuant to sentence four of 42 U.S.C. section 405(g).
Upon remand, the Appeals Council will instruct the Administrative Law Judge to further
evaluate Plaintiff’s mental impairments, reconsider the opinion evidence, further evaluate Plaintiff’s
residual functional capacity, and if warranted, obtain vocational expert evidence. The ALJ shall give
Plaintiff the opportunity for a hearing, consider additional evidence submitted to the Appeals Council,
take any action necessary to complete the administrative record, and issue a new decision.

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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 Commissioner’s final decision.
Respectfully submitted,

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Dated: November 30, 2017

By: /s/ Young Cho
YOUNG CHO
(*As authorized by e-mail on November 30, 2017)
Attorney for Plaintiff

Dated: November 30, 2017

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

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By: /s/ Geralyn Gulseth
GERALYN GULSETH
Special Assistant United States Attorney
Attorneys for Defendant

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ORDER
Pursuant to the parties’ stipulation, this case is voluntarily remanded this case for further
administrative proceedings, pursuant to sentence four of 42 U.S.C. section 405(g).
Upon remand, the Appeals Council will instruct the Administrative Law Judge to further
evaluate Plaintiff’s mental impairments, reconsider the opinion evidence, further evaluate Plaintiff’s
residual functional capacity, and if warranted, obtain vocational expert evidence. The ALJ shall give
Plaintiff the opportunity for a hearing, consider additional evidence submitted to the Appeals Council,
take any action necessary to complete the administrative record, and issue a new decision.
The Clerk of the Court is directed to enter a final judgment in favor of Plaintiff, and against
Defendant, reversing the Commissioner’s final decision, and close this case.

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IT IS SO ORDERED.

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Dated:

December 6, 2017

/s/
UNITED STATES MAGISTRATE JUDGE

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STIPULATION & PROPOSED ORDER

CASE NO. 2:15-CV-0582-AC