Mendez v. Commissioner of Social Security

Filing 16

ORDER REMANDING CASE to Commissioner of Social Security and directing Judgment be entered in favor of Plaintiff and against Defendant signed by Magistrate Judge Sheila K. Oberto on 10/4/2017. CASE CLOSED. (Lundstrom, T)

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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

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
FRESNO DIVISION

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CLARISA MENDEZ, on behalf of
minor L.A.L.,
Plaintiff,

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v.
NANCY A. BERRYHILL,
Commissioner of Social Security,
Defendant.

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Case No. 1:17-cv-00092-SKO

STIPULATION AND ORDER FOR
REMAND
(Doc. 15)

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IT IS STIPULATED, by and between the parties, through their respective
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counsel of record, that this action be remanded for further administrative action
pursuant to section 205(g) of the Social Security Act, as amended, 42 U.S.C. section
405(g), sentence four.

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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. The Appeals Council will instruct the ALJ to take
further action, as necessary, to complete the administrative record and resolve the

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above issues.
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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 final
decision of the Commissioner.
Respectfully submitted,

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Date: October 3, 2017

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By:

/s/ Melissa Newel*
MELISSA NEWEL
Attorney for Plaintiff
(* By e-mail authorization on 10/03/17)

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Dated: October 3, 2017

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

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

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ORDER
Based upon the parties’ Stipulation for Remand pursuant to Sentence Four of

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42 U.S.C. § 405(g) (“Stipulation for Remand”) (Doc. 15), and for cause shown, IT
IS ORDERED that the above-captioned action be REMANDED to the

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Commissioner of Social Security for further administrative proceedings consistent

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with the terms of the Stipulation for Remand.

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The Clerk of the Court is hereby DIRECTED to (1) enter judgment in favor

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of Plaintiff Clarisa Mendez, on behalf of minor L.A.L., and against Defendant
Nancy A. Berryhill, Acting Commissioner of Social Security, and (2)

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administratively close this file.

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IT IS SO ORDERED.
Dated:

October 4, 2017

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

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