Cardinale v. Commissioner of Social Security

Filing 13

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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1 2 3 4 5 6 7 8 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 9 10 11 12 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION 13 14 15 16 17 18 19 TRACY CARDINALE, Plaintiff, v. NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant. ) ) ) ) ) ) ) ) ) ) ) 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 20 21 IT IS STIPULATED by and between Plaintiff (“Plaintiff”) and Defendant Nancy A. 22 Berryhill, Acting Commissioner of Social Security (“Defendant”), through their undersigned 23 counsel of record, that the above-entitled action shall be remanded to the Commissioner of 24 Social Security for further administrative proceedings. 25 26 27 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, 28 STIPULATION TO REMAND 1 as warranted, to complete the administrative record resolving the above issue, and issue a new 2 decision. 3 4 5 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 6 /s/ Brian C. Shapiro* BRIAN C. SHAPIRO Attorney for Plaintiff *Authorized by email on Jan. 8, 2018 7 8 9 McGREGOR W. SCOTT United States Attorney DEBORAH LEE STACHEL Regional Chief Counsel, Region IX Social Security Administration 10 11 12 13 By: 15 /s/ Ellinor R. Coder ELLINOR R. CODER Special Assistant United States Attorney 16 Attorneys for Defendant 14 17 18 19 ORDER Pursuant to the parties’ Stipulation to Remand Pursuant to Sentence Four of 42 U.S.C. 20 § 405(g) and to Entry of Judgment, and for cause shown, IT IS SO ORDERED that the above21 22 23 24 captioned action is remanded to the Commissioner of Social Security for further proceedings consistent with the terms of the Stipulation. IT IS SO ORDERED. 25 26 27 Dated: January 9, 2018 /s/ Barbara A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 28 STIPULATION TO REMAND

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