(SS) Burkett v. Commissioner of Social Security

Filing 30

ORDER re Stipulation to Voluntary Remand Pursuant to Sentence Four of 42 U.S.C. 405(g) and to Entry of Judgment signed by Magistrate Judge Erica P. Grosjean on 10/15/2020. CASE CLOSED. (Jessen, A)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 FRESNO DIVISION 10 11 12 13 14 15 16 ERIC JON BURKETT, Plaintiff, v. ANDREW SAUL, Commissioner of Social Security, Defendant. ) ) ) ) ) ) ) ) ) ) ) CIVIL NO. 1:19-cv-01335-EPG STIPULATION TO VOLUNTARY REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(g) AND TO ENTRY OF JUDGMENT; ORDER 17 18 19 IT IS HEREBY STIPULATED by and between the parties, through their undersigned 20 attorneys, and with the approval of the Court, that this action be remanded for further 21 administrative action pursuant to the Social Security Act § 205(g), as amended, 42 U.S.C. 22 23 24 25 26 § 405(g), sentence four. On remand, the Appeals Council will remand the case to an administrative law judge (ALJ) and direct the ALJ to take any steps necessary to fully develop the administrative record, consider the additional evidence submitted to the Appeals Council, provide Plaintiff an opportunity for a new hearing, and to submit additional evidence in support of his claim. Further, the ALJ will re-evaluate Plaintiff’s subjective allegations, re-evaluate the 27 28 residual functional capacity, and if warranted, obtain supplemental vocational expert evidence. 1 1 2 3 Respectfully submitted, Dated: October 15, 2020 /s/ Matthew R. McGarry (*as authorized via e-mail on Oct. 15, 2020) MATTHEW R. MCGARRY Attorney for Plaintiff DATED: October 15, 2020 McGREGOR W. SCOTT United States Attorney DEBORAH LEE STACHEL Regional Chief Counsel, Region IX Social Security Administration 4 5 6 7 8 9 10 11 12 By: /s/ Ellinor R. Coder ELLINOR R. CODER Special Assistant U.S. Attorney Attorneys for Defendant 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 1 2 ORDER Based upon the parties’ Stipulation to Voluntary Remand Pursuant to Sentence Four of 3 42 U.S.C. § 405(g) and to Entry of Judgment, (ECF No. 29), and for cause shown, IT IS 4 ORDERED that the above-captioned action is remanded to the Commissioner of Social Security 5 for further proceedings pursuant to the Social Security Act § 205(g), as amended, 42 U.S.C. § 6 7 405(g), sentence four. On remand, the Appeals Council will remand the case to an administrative law judge (ALJ) for a new decision in accordance with the parties’ Stipulation. 8 9 IT IS SO ORDERED. 10 11 Dated: October 15, 2020 /s/ UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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