Taylor v. Commissioner of Social Security

Filing 18

ORDER REMANDING Case to the Commissioner of Social Security signed by Magistrate Judge Sheila K. Oberto on 9/27/2018. 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
SHARON LAHEY
Special Assistant United States Attorney
160 Spear Street, Suite 800
San Francisco, California 94105
Telephone: [phone]
Facsimile: 415-744-0134
E-mail: [e-mail]
Attorneys for DEFENDANT

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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FRESNO

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ROSEMARY TAYLOR,

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Plaintiff,

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vs.

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NANCY A. BERRYHILL, Acting
Commissioner Of Social Security,
Defendant.

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CASE NO. 1:17-cv-01634-SKO
STIPULATION AND ORDER FOR
REMAND TO AGENCY PURSUANT
TO 42 U.S.C. SECTION 405(g)
SENTENCE FOUR
(Doc. 17)

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IT IS HEREBY STIPULATED, by and between ROSEMARY TAYLOR (Plaintiff) and

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NANCY A. BERRYHILL, Acting Commissioner Of Social Security (Defendant), through their

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respective counsel of record, that this action be remanded for further administrative action

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pursuant to section 205(g) of the Social Security Act, as amended, 42 U.S.C. section 405(g),

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sentence four.

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On remand, the Appeals Council will remand the case to an administrative law judge

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(ALJ) for a new decision. The Appeals Council will instruct the ALJ to reevaluate the medical

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opinion evidence. The Appeals Council will instruct the ALJ to take further action, as
STIPULATION FOR REMAND

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CASE NO. 1:17-cv-01634-SKO

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warranted, to complete the administrative record and resolve the above issues.
The parties further request that the Clerk of the Court be directed to enter a final
judgment in favor of Plaintiff, and against Defendant, reversing the final decision of the
Commissioner.

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Respectfully submitted,

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LAW OFFICES OF LAWRENCE D. ROHLFING

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Dated: September 26, 2018

By: /s/ Cyrus Safa*
CYRUS SAFA
Attorney for Plaintiff
[*As authorized by e-mail on September 26, 2018]

Dated: September 26, 2018

MCGREGOR W. SCOTT
United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX

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By:
/s/ Sharon Lahey
SHARON LAHEY
Assistant Regional Counsel

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ORDER

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Based upon the parties’ above Stipulation for Remand to Agency Pursuant 42 U.S.C. § 405(g)
Sentence Four (“Stipulation to Remand”) (Doc. 17), and for cause shown, IT IS HEREBY ORDERED
that the above-captioned action is REMANDED to the Commissioner of Social Security for further
proceedings consistent with the terms of the Stipulation to Remand.
The Clerk of the Court is hereby DIRECTED to (1) enter judgment in favor of Plaintiff Rosemary
Taylor and against Defendant Nancy A. Berryhill, Acting Commissioner of Social Security, and (2)
administratively close this file.

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IT IS SO ORDERED.
STIPULATION FOR REMAND

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CASE NO. 1:17-cv-01634-SKO

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Dated:

September 27, 2018

/s/

Sheila K. Oberto

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UNITED STATES MAGISTRATE JUDGE

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STIPULATION FOR REMAND

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CASE NO. 1:17-cv-01634-SKO