Cardinale v. Commissioner of Social Security
Filing
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STIPULATION to VOLUNTARY REMAND Pursuant Sentence Four of 42 U.S.C. § 405(g) and to Entry of Judgment signed by Magistrate Judge Barbara A. McAuliffe on 01/09/2018. CASE CLOSED.(Flores, E)
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McGREGOR W. SCOTT
United States Attorney
DEBORAH LEE STACHEL, CA 230138
Regional Chief Counsel, Region IX
Social Security Administration
ELLINOR R. CODER, CA 258258
Special Assistant United States Attorney
160 Spear Street, Suite 800
San Francisco, California 94105
Telephone: (415) 977-8955
Facsimile: (415) 744-0134
E-Mail: Ellinor.Coder@ssa.gov
Attorneys for Defendant
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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
FRESNO DIVISION
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TRACY CARDINALE,
Plaintiff,
v.
NANCY A. BERRYHILL,
Acting Commissioner of Social Security,
Defendant.
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CIVIL NO. 1:17-cv-0788-BAM
STIPULATION TO VOLUNTARY
REMAND PURSUANT TO SENTENCE
FOUR OF 42 U.S.C. § 405(g) AND TO
ENTRY OF JUDGMENT
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IT IS STIPULATED by and between Plaintiff (“Plaintiff”) and Defendant Nancy A.
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Berryhill, Acting Commissioner of Social Security (“Defendant”), through their undersigned
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counsel of record, that the above-entitled action shall be remanded to the Commissioner of
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Social Security for further administrative proceedings.
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Upon remand, the Office of Hearing Operations will remand the case to an
Administrative Law Judge (ALJ) and direct him or her to re-evaluate the medical source
opinions, including that of Anne Gasior, M.D. It will also direct the ALJ to take further action,
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STIPULATION TO REMAND
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as warranted, to complete the administrative record resolving the above issue, and issue a new
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decision.
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This stipulation constitutes a remand under the fourth sentence of Section 205(g) of the
Social Security Act, 42 U.S.C. 405(g).
Respectfully submitted this 8th day of January, 2018
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/s/ Brian C. Shapiro*
BRIAN C. SHAPIRO
Attorney for Plaintiff
*Authorized by email on Jan. 8, 2018
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McGREGOR W. SCOTT
United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX
Social Security Administration
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By:
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/s/ Ellinor R. Coder
ELLINOR R. CODER
Special Assistant United States Attorney
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Attorneys for Defendant
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ORDER
Pursuant to the parties’ Stipulation to Remand Pursuant to Sentence Four of 42 U.S.C.
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§ 405(g) and to Entry of Judgment, and for cause shown, IT IS SO ORDERED that the above21
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captioned action is remanded to the Commissioner of Social Security for further proceedings
consistent with the terms of the Stipulation.
IT IS SO ORDERED.
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Dated:
January 9, 2018
/s/ Barbara
A. McAuliffe
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UNITED STATES MAGISTRATE JUDGE
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STIPULATION TO REMAND
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