Smith v. Commissioner of Social Security

Filing 22

STIPULATION and ORDER for Voluntary Remand signed by Magistrate Judge Gary S. Austin on 2/6/2019. (Sant Agata, S)

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MCGREGOR W. SCOTT
United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX
Social Security Administration
MICHAEL K. MARRIOTT, CSBN 280890
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

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EASTERN DISTRICT OF CALIFORNIA

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FRESNO DIVISION
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BIRDIE SMITH

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Plaintiff,

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v.

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

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Civil No. 1:18-cv-00189-GSA
STIPULATION FOR VOLUNTARY
REMAND PURSUANT TO SENTENCE
FOUR OF 42 U.S.C. § 405(g)

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

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attorneys, and with the approval of the Court, that the Commissioner of Social Security has

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agreed to a voluntary remand of this case pursuant to sentence four of 42 U.S.C. § 405(g). The

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purpose of the remand is to offer Plaintiff a new decision.

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Stipulation for Voluntary Remand
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Upon remand, the Appeals Council will instruct the Administrative Law Judge to offer

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Plaintiff the opportunity for a new de novo administrative hearing, to obtain supplemental

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evidence from a vocational expert, and to issue a new decision.

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Respectfully submitted,

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Date: February 6, 2019

By:

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Date: February 6, 2019

MCGREGOR W. SCOTT
United States Attorney

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By:

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/s/ Kelsey Mackenzie Brown*
KELSEY MACKENZIE BROWN
* By email authorization on February 5, 2019
Attorney for Plaintiff

/s/ Michael K. Marriott
MICHAEL K. MARRIOTT
Special Assistant United States Attorney
Attorneys for Defendant

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Of Counsel
Jeffrey Chen
Assistant Regional Counsel
Social Security Administration

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IT IS SO ORDERED.
Dated:

February 6, 2019

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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