Cisneros v. Commissioner of Social Security

Filing 14

STIPULATION and ORDER to Voluntary Remand Pursuant to Sentence Four of 42 U.S.C. § 405(g) and to Enter Judgment signed by Magistrate Judge Sheila K. Oberto on 06/20/2018. CASE CLOSED. (Flores, E)

1
2
3
4
5
6
7

MCGREGOR W. SCOTT
United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX
Social Security Administration
CAROLYN B. CHEN, CSBN 256628
Special Assistant United States Attorney
160 Spear Street, Suite 800
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]

8
9

Attorneys for Defendant
UNITED STATES DISTRICT COURT

10
EASTERN DISTRICT OF CALIFORNIA
11
FRESNO DIVISION
12
13
LIDIA CISNEROS,
14
Plaintiff,
15
16
17
18

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

19
20

)
)
)
)
)
)
)
)
)
)
)
)

Case No.: 1:17-cv-01366-SKO
STIPULATION AND ORDER TO
VOLUNTARY REMAND PURSUANT TO
SENTENCE FOUR OF 42 U.S.C.
§ 405(g) AND TO ENTER JUDGMENT
(Doc. 13)

IT IS HEREBY STIPULATED, by and between the parties, through their respective

21

counsel of record, that this action be remanded to the Commissioner of Social Security for

22

further administrative action pursuant to section 205(g) of the Social Security Act, as amended,

23

42 U.S.C. § 405(g), sentence four.

24
25
26
27

On remand, the Appeals Council will assign this case to an administrative law judge
(ALJ) for a new hearing and decision. The Appeals Council will instruct the ALJ to fully
develop the record, including, but not limited to, give further consideration to the medical
opinions of record, including that of Idelfonso Cruz, M.D.; reevaluate the claimant’s residual
functional capacity; and obtain vocational expert evidence, if necessary.

28
1

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

1
2

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

3
4
5

Dated: June 19, 2018

6

NEWEL LAW
By: /s/ Melissa Newel by C.Chen*
MELISSA NEWEL
(*as authorized via email on 6/19/2018)

7
8
Dated: June 19, 2018

9
10

MCGREGOR W. SCOTT
United States Attorney
By: /s/ Carolyn B. Chen
CAROLYN B. CHEN
Special Assistant United States Attorney
Attorneys for Defendant

11
12
13
14

ORDER

15
16

Based upon the parties’ above Stipulation to Voluntary Remand Pursuant to Sentence Four

17

of 42 U.S.C. § 405(g) and to Enter Judgment (“Stipulation to Remand”) (Doc. 13), and for good

18

cause shown,

19

IT IS HEREBY ORDERED that the above-captioned action is REMANDED to the

20

Commissioner of Social Security for further proceedings consistent with the terms of the

21

Stipulation to Remand.

22

The Clerk of the Court is hereby DIRECTED to (1) enter judgment in favor of Plaintiff

23

Lidia Cisneros and against Defendant Nancy A. Berryhill, Acting Commissioner of Social

24

Security, and (2) administratively close this file.

25
26
27

IT IS SO ORDERED.
Dated:

June 20, 2018

/s/

28

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE
2

.