Coleman v. Commissioner of Social Security

Filing 13

ORDER re Stipulation for Voluntary Remand Pursuant to Sentence Four of 42 U.S.C. 405(g) signed by Magistrate Judge Sheila K. Oberto on 4/30/2018. CASE CLOSED. (Jessen, A)

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McGREGOR W. SCOTT
United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX
Social Security Administration
MARCELO ILLARMO (MABN 670079)
Special Assistant United States Attorney
160 Spear Street, Suite 800
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]

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Attorneys for Defendant
UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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MICHAEL DEAN COLEMAN,
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Plaintiff,
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v.
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NANCY A. BERRYHILL,
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Acting Commissioner of Social Security )
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Defendant.
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Case No.: 1:17-cv-01382-SKO
STIPULATION FOR VOLUNTARY
REMAND PURSUANT TO SENTENCE
FOUR OF 42 U.S.C. § 405(g)
(Doc. 12)

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

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undersigned attorneys, and with the approval of the Court, that the Commissioner of Social

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Security has agreed to a voluntary remand of this case pursuant to sentence four of 42 U.S.C. §

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405(g). The purpose of the remand is to offer Plaintiff a new decision.

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On remand, the Commissioner will reconsider the opinion evidence, including the

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opinion of the consultative examiner, Dale Van Kirk, M.D.; conduct any necessary further

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proceedings; and issue a new decision. The parties further request that the Clerk of the Court be

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Stip. For Voluntary Remand; Order
Case 1:17-cv-01382-SKO

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directed to enter a final judgment in favor of Plaintiff, and against Defendant, reversing the final

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decision of the Commissioner.

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Respectfully submitted,

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Dated: April 26, 2018

/s/ Jacqueline Forslund*
(*as authorized via e-mail on 4/25/18)
JACQUELINE A. FORSLUND
Attorney for Plaintiff

Dated: April 26, 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/ Marcelo Illarmo
MARCELO ILLARMO
Special Assistant United States Attorney

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Attorneys for Defendant

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ORDER

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

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Four of 42 U.S.C. § 405(g) and to Entry of Judgment (“Stipulation to Remand”) (Doc. 12), and

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for cause shown, IT IS HEREBY ORDERED that the above-captioned action is REMANDED to

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

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Stipulation to Remand.

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

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Michael Dean Coleman and against Defendant Nancy A. Berryhill, Acting Commissioner of

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Social Security, and (2) administratively close this file.

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Stip. For Voluntary Remand; Order
Case 1:17-cv-01382-SKO

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IT IS SO ORDERED.
Dated:

April 30, 2018

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

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Stip. For Voluntary Remand; Order
Case 1:17-cv-01382-SKO

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