Gibson v. Commissioner of Social Security

Filing 14

STIPULATION and ORDER to Voluntary Remand Pursuant to Sentence Four signed by Magistrate Judge Gary S. Austin on 10/14/2018. CASE CLOSED.(Flores, E)

1
2
3
4
5
6
7
8
9

MCGREGOR W. SCOTT
United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX
Social Security Administration
FRANCESCO P. BENAVIDES
Special Assistant United States Attorney
Social Security Administration
160 Spear Street, Suite 800
San Francisco, CA 94105
Telephone: [phone]
Facsimile: 415-744-0134
Email: [e-mail]
Attorneys for Defendant

10

UNITED STATES DISTRICT COURT

11

EASTERN DISTRICT OF CALIFORNIA

12

FRESNO DIVISION

13
14

CARRIE MAE GIBSON,
Plaintiff,

15
16

v.

17
18
19
20
21
22

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

)
)
)
)
)
)
)
)
)
)
)
)
)

Civil No. 1:18-cv-00495-GSA
STIPULATION TO VOLUNTARY
REMAND PURSUANT TO
SENTENCE FOUR OF 42 U.S.C.
§ 405(g) AND TO ENTRY OF
JUDGMENT; ORDER

THE PARTIES HEREBY STIPULATE, through their undersigned attorneys and with the

23

approval of the Court, that Defendant has agreed to a voluntary remand of this case pursuant to sentence

24

four of 42 U.S.C. § 405(g).

25
26
27

Upon remand, the Appeals Council will remand this case to an administrative law judge (ALJ)
and direct him or her to issue a new decision. The ALJ will reevaluate the examining medical source
opinion of Emanuel Dozier, M.D. The ALJ will also reevaluate whether Plaintiff was able to perform
her past relevant work.

28

Case No. 1:18-cv-00495-GSA

1

1
2

As noted, this stipulation constitutes a remand under the fourth sentence of Section 205(g) of the
Social Security Act. 42 U.S.C. § 405(g).

3
4

Respectfully submitted,

5
6

Date:

Oct. 10, 2018

Law Offices of Lawrence D. Rohlfing

7

/s/ Francesco Benavides for Denise Haley*
DENISE BOURGEOIS HALEY
(* by email authorization on Oct. 9, 2018)
Attorney for Plaintiff

8
9
10
11

Date:

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

Oct. 10, 2018

12
13
14

BY:

15
16

/s/ Francesco P. Benavides_
FRANCESCO P. BENAVIDES
Special Assistant United States Attorney
Attorneys for Defendant

17
18
19
20

IT IS SO ORDERED.
Dated:

October 14, 2018

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

21
22
23
24
25
26
27
28

Case No. 1:18-cv-00495-GSA

2