Ybarra v. Commissioner of Social Security

Filing 27

Stipulation and Proposed ORDER to Voluntary Remand Pursuant to Sentence Four of 42 U.S.C. 405(g) and to Entry of Judgment, signed by Magistrate Judge Jeremy D. Peterson on 2/12/19. CASE CLOSED. (Marrujo, C)

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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]

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Attorneys for Defendant
UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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FRESNO DIVISION
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TONY YBARRA,
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Plaintiff,
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vs.
NANCY A. BERRYHILL,
Acting Commissioner of Social Security,
Defendant.

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Case No.: 1:18-cv-00064-JDP
STIPULATION AND PROPOSED ORDER
TO VOLUNTARY REMAND PURSUANT
TO SENTENCE FOUR OF 42 U.S.C.
§ 405(g) AND TO ENTRY OF JUDGMENT

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

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

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

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42 U.S.C. § 405(g), sentence four.

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On remand, the Appeals Council will evaluate whether Plaintiff’s exceptions to the ALJ’s
decision were submitted to the Appeals Council timely, and if timely, the Appeals Council will
evaluate the exceptions and additional evidence submitted.

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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.

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Dated: February 11, 2019

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LAW OFFICES OF LAWRENCE D. ROHLFING
By: /s/ Lawrence D. Rohlfing by C.Chen*
LAWRENCE D. ROHLFING
(*as authorized via email on February 11, 2019)

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Dated: February 11, 2019

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

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ORDER

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IT IS SO ORDERED.

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Dated:

February 12, 2019
UNITED STATES MAGISTRATE JUDGE

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