Spaulding v. Commissioner of Social Security

Filing 18

ORDER re STIPULATION TO REMAND Pursuant to Sentence Four of 42 U.S.C. 405(g) signed by Magistrate Judge Gary S. Austin on 10/25/2018. 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
MARGARET BRANICK-ABILLA, CSBN 223600
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
EASTERN DISTRICT OF CALIFORNIA
FRESNO DIVISION

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LACOLE SPAULDING, on behalf of N.D.J., )
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a minor,
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Plaintiff,
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vs.
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NANCY A. BERRYHILL,
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Acting Commissioner of Social Security,
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Defendant.

Case No. 1:18-cv-00325-GSA
STIPULATION & ORDER TO REMAND
PURSUANT TO SENTENCE FOUR OF 42
U.S.C. § 405(g)

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IT IS HEREBY STIPULATED, by and between Plaintiff and 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 further develop the
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record in accordance with Acquiescence Ruling 04-1(9). The Appeals Council will instruct the
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ALJ to take further action, as warranted, to complete the administrative record and resolve the
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above issues.
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Stipulation & [Proposed] Order

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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, reversing the final decision of the

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Commissioner.
Respectfully submitted,

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Dated: October 25, 2018

DRAKE & DRAKE PC

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By: /s/ Roger Drake*
ROGER DRAKE
Attorneys for Plaintiff
[*As authorized by e-mail on Oct. 24, 2018]

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Dated: October 25, 2018

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

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By: /s/ Margaret Branick-Abilla
MARGARET BRANICK-ABILLA
Special Assistant United States Attorney
Attorneys for Defendant

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IT IS SO ORDERED.
Dated:

October 25, 2018

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/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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Stipulation & [Proposed] Order