Verhoeven v. Commissioner of Social Security

Filing 20

STIPULATION FOR VOLUNTARY REMAND PURSUANT TO SENTENCE FOUR OF 42USC405(g)/ORDER, signed by Magistrate Judge Barbara A. McAuliffe on 04/30/2018. CASE CLOSED(Martin-Gill, S)

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1 2 3 4 5 6 7 8 MCGREGOR W. SCOTT United States Attorney DEBORAH LEE STACHEL Regional Chief Counsel, Region IX Social Security Administration MICHAEL K. MARRIOTT, CSBN 280890 Special Assistant United States Attorney 160 Spear Street, Suite 800 San Francisco, California 94105 Telephone: (415) 977-8985 Facsimile: (415) 744-0134 E-Mail: Michael.Marriott@ssa.gov Attorneys for Defendant 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 FRESNO DIVISION 12 13 REBECCA JOYCE VERHOEVEN, 14 Plaintiff, 15 v. 16 17 NANCY A. BERRYHILL, Acting Commissioner of Social Security, 18 Defendant. 19 ) ) ) ) ) ) ) ) ) ) ) Civil No. 1:17-cv-00991-BAM STIPULATION FOR VOLUNTARY REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(g) 20 21 22 23 24 25 26 27 IT IS HEREBY STIPULATED by and between the parties, through their undersigned attorneys, and with the approval of the Court, that the Commissioner of Social Security has agreed to a voluntary remand of this case pursuant to sentence four of 42 U.S.C. § 405(g). The purpose of the remand is to offer Plaintiff a new decision. /// /// /// 28 1 1 Upon remand to the defendant, the Office of Disability Adjudication and Review will 2 remand this case to an Administrative Law Judge (ALJ) with instructions to reconsider the 3 opinions of examining physician Dr. Radhey Bansal, State agency physician Dr. T. Do, and 4 treating physician Dr. Nirupama Vemuri. The ALJ will offer Plaintiff the opportunity to attend 5 an additional administrative hearing, take further actions appropriate to develop the record, and 6 issue a new decision. 7 8 Respectfully submitted, 9 Date: April 25, 2018 LAW OFFICES OF STUART T. BARASCH 10 By: 11 12 13 14 Date: April 25, 2018 MCGREGOR W. SCOTT United States Attorney 15 16 By: 17 18 /s/ Stuart Barasch* STUART BARASCH * By email authorization on April 25, 2018 Attorney for Plaintiff /s/ Michael K. Marriott MICHAEL K. MARRIOTT Special Assistant United States Attorney Attorneys for Defendant 19 20 21 ORDER Pursuant to the stipulation of the parties, IT IS HEREBY ORDERED that this action be 22 remanded to the Commissioner of Social Security for further administrative action consistent 23 with the above stipulation. IT IS SO ORDERED. 24 25 Dated: /s/ Barbara April 30, 2018 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 26 27 28 2

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