Ordaz v. Commissioner of Social Security

Filing 24

STIPULATION to voluntary remand pursuant to Sentence Four of 42 U.S.C. 405(g) and to entry of judgment for Plaintiff signed by Magistrate Judge Barbara A. McAuliffe on 8/15/2019. (Lundstrom, T)

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MCGREGOR W. SCOTT
United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX
Social Security Administration
JENNIFER A. KENNEY
Special Assistant United States Attorney
160 Spear Street, Suite 800
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]
Attorneys for Defendant

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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FRESNO DIVISION

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OLGA ORDAZ,

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Plaintiff,
vs.
NANCY A. BERRYHILL,
Acting Commissioner of Social Security,
Defendant.

Case No.: 1:17-CV-01141-BAM
STIPULATION TO VOLUNTARY
REMAND PURSUANT TO SENTENCE
FOUR OF 42 U.S.C. § 405(g) AND TO
ENTRY OF JUDGMENT FOR PLAINTIFF

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IT IS HEREBY STIPULATED, by the parties, through their respective counsel of record,
that this action be remanded for further administrative action pursuant to section 205(g) of the

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Social Security Act, as amended, 42 U.S.C. section 405(g), sentence four.
On remand, the Appeals Council will remand the case to an administrative law judge
(ALJ) for a new decision. The Appeals Council will instruct the ALJ to obtain medical and
psychological expert evidence regarding the nature and severity of, and potential limitations
resulting from, Plaintiff’s impairments during the period at issue. The Appeals Council will
instruct the ALJ to reassess Plaintiff’s subjective statements about her symptoms. The Appeals
Stip. & Prop. Order to Remand 1:17-CV-01141-BAM

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Council will instruct the ALJ to further evaluate whether Plaintiff has the residual functional

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capacity to perform her past relevant work and, if appropriate, obtain supplemental vocational

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expert testimony to assist in determining what jobs exist, if any, for Plaintiff given her age,

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education, vocational factors and residual functional capacity. The Appeals Council will instruct

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the ALJ to take further action, as warranted, to complete the administrative record and resolve

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the above issues.

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

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judgment in favor of Plaintiff, and against Defendant, reversing the final decision of
the Commissioner.
Respectfully submitted,

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Dated: July 20, 2018

/s/ *Melissa Newel
(*as authorized by email on Jul. 20, 2018)
MELISSA NEWEL
Attorney for Plaintiff

Dated: July 20, 2018

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/ Jennifer A. Kenney
JENNIFER A. KENNEY
Special Assistant U.S. Attorney
Attorneys for Defendant

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ORDER

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Pursuant to the stipulation of the parties, IT IS HEREBY ORDERED that this action be

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remanded to the Commissioner of Social Security for further administrative action consistent
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Stip. & Prop. Order to Remand 1:17-CV-01141-BAM

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with the above stipulation. The Clerk of the Court is directed to enter a final judgment in favor

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of Plaintiff, and against Defendant, reversing the final decision of the Commissioner.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

August 15, 2019

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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Stip. & Prop. Order to Remand 1:17-CV-01141-BAM

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