Anglen v. Commissioner of Social Security

Filing 20

STIPULATION for voluntary remand pursuant to sentence four of 42 U.S.C. 405(g) and for entry of judgment signed by Magistrate Judge Erica P. Grosjean on 2/6/2018. CASE CLOSED.(Lundstrom, T)

1
2
3
4
5
6
7
8
9
10

McGREGOR W. SCOTT
United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX
Social Security Administration
ELIZABETH FIRER
Special Assistant United States Attorney
160 Spear Street, Suite 800
San Francisco, CA 94105
Telephone: [phone]
Facsimile: 415-744-0134
E-Mail: [e-mail]
Attorneys for Defendant

11
UNITED STATES DISTRICT COURT

12

EASTERN DISTRICT OF CALIFORNIA

13

FRESNO DIVISION

14
15

ELIZABETH ANNE ANGLEN,

16
17
18
19
20
21

Plaintiff,
v.
NANCY A. BERRYILL,
Acting Commissioner of Social Security,
Defendant.

)
)
)
)
)
)
)
)
)
)
)

No. 1:17-cv-00461 EPG
STIPULATION FOR VOLUNTARY
REMAND PURSUANT TO SENTENCE
FOUR OF 42 U.S.C. § 405(g) AND FOR
ENTRY OF JUDGMENT

22
23
24

IT IS HEREBY STIPULATED, by and between Elizabeth Anne Anglen (Plaintiff) and

25

Nancy A. Berryhill, Acting Commissioner of Social Security (the Commissioner or Defendant),

26

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

27

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

28

405(g), sentence four. On remand, the Commissioner will ensure that Plaintiff’s claim is

-1-

1

analyzed under the applicable regulatory requirements. On remand, the agency will conduct any

2

necessary further proceedings including developing additional evidence and issue a new decision

3

in compliance with the regulations and with evidentiary support for the findings.

4

The parties further request that the Clerk of the Court be directed to enter a final

5

judgment in favor of Plaintiff, and against Defendant, reversing the final decision of the

6

Commissioner.

7

DATE: February 6, 2018

Respectfully submitted,

8

McGREGOR W. SCOTT
United States Attorney

9
10

/s/ Elizabeth Firer
ELIZABETH FIRER
Special Assistant United States Attorney

11
12

CAROL S. CLARK
Assistant Regional Counsel, Region IX
Social Security Administration
Of Counsel

13
14
15
16

DATE: February 6, 2018

Respectfully submitted,
/s/Cyrus Safa
CYRUS SAFA
Attorney for Plaintiff
*per email authorization, February6, 2018

17
18
19
20
21
22
23
24
25
26
27
28

-2-

ORDER

1
2

Pursuant to sentence four of 42 U.S.C. § 405(g), this case is hereby voluntarily remanded

3

for further administrative proceedings in accordance with the above stipulation of the parties.

4

The Clerk of the Court is directed to enter a final judgment in favor of Plaintiff, and against

5

Defendant, reversing the final decision of the Commissioner of Social Security.

6
7

IT IS SO ORDERED.

8
9

Dated:

February 6, 2018

/s/
UNITED STATES MAGISTRATE JUDGE

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

-3-