Silva v. Commissioner of Social Security

Filing 22

ORDER on Stipulation for Voluntary Remand Pursuant to Sentence Four of 42 U.S.C. 405(g) and to Entry of Judgment signed by Magistrate Judge Gary S. Austin on 4/11/2018. CASE CLOSED. (Jessen, A)

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McGREGOR W. SCOTT
United States Attorney
DEBOROAH LEE STACHEL, CSBN 230138
Chief Counsel, Region IX
Social Security Administration
DONNA W. ANDERSON, PSBN 46355
Special Assistant United States Attorney
Social Security Administration
160 Spear St., Suite 800
San Francisco, CA 94105-1545
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Defendant
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
FRESNO DIVISION
JACKIE LYNN SILVA,

)
)
Plaintiff,
)
)
v.
)
)
NANCY A. BERRYHILL, Deputy
)
Commissioner for Operations,
)
performing the duties and functions not )
reserved to the Commissioner of Social )
Security,
)
)
Defendant.
)

Case No. 1:17-cv-0513-GSA
STIPULATION AND ORDER FOR
VOLUNTARY REMAND
PURSUANT TO
SENTENCE FOUR OF 42 U.S.C.
§ 405(g) AND TO ENTRY OF
JUDGMENT

IT IS HEREBY STIPULATED by the parties, through their undersigned
counsel, and with the approval of the Court, 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 this case to an Administrative
Law Judge (ALJ) for a new hearing and a new decision.
The parties further request that the Clerk of the Court be directed to enter a

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

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decision of the Commissioner.
Respectfully submitted,

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Dated: April 9, 2018

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Cerney, Kreuze & Lott, LLP
By:

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/s/ Shellie Lott*
SHELLIE LOTT
* By email authorization on 04/09/18
Attorney(s) for Plaintiff

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Dated: April 9, 2018

McGREGOR W. SCOTT
United States Attorney
DEBORAH LEE STACHEL
Chief Counsel, Region IX
Social Security Administration

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By:

/s/ Donna W. Anderson
DONNA W. ANDERSON
Special Assistant United States Attorney
Attorneys for Defendant

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ORDER
Pursuant to the parties’ stipulation (Doc. 21), the final decision of the

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Commissioner is reversed, and the case is remanded for further administrative

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

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section 405(g), sentence four. On remand, the Appeals Council will remand this

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case to an Administrative Law Judge (ALJ) for a new hearing and a new decision.

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The Clerk of the Court is directed to enter judgment in favor of Plaintiff, Jackie

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Lynn Silva, and against Defendant, Nancy A. Berryhill, the Acting Commissioner

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of Social Security.

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IT IS SO ORDERED.
Dated:

April 11, 2018

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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