(SS) Carson v. Commissioner of Social Security

Filing 16

STIPULATION AND ORDER to Remand for Further Proceedings Pursuant to Sentence Four of 42 U.S.C. 405(g) and for Entry of Judgment in Favor of Plaintiff, signed by Magistrate Judge Sheila K. Oberto on 06/03/2021. CASE CLOSED. (Maldonado, C)

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PHILLIP A. TALBERT
Acting United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel
DANIEL P. TALBERT
Special Assistant United States Attorney
Social Security Administration
160 Spear Street, Suite 800
San Francisco, CA 94105
Telephone: [phone]
Facsimile: [phone]
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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SHELLY RENEE CARSON,
Plaintiff,

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v.

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ANDREW SAUL,
Commissioner of Social Security,

No. 1:20-cv-01416-SKO
STIPULATION AND ORDER TO REMAND
FOR FURTHER PROCEEDINGS PURSUANT
TO SENTENCE FOUR OF 42 U.S.C. § 405(g),
AND FOR ENTRY OF JUDGMENT IN
FAVOR OF PLAINTIFF

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Defendant.

(Doc. 15)

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The parties stipulate by counsel that this action be remanded to the Commissioner of

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Social Security for further administrative action pursuant to section 205(g) of the Social Security

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Act, as amended, 42 U.S.C. § 405(g), sentence four.

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On remand, the Appeals Council will remand to an Administrative Law Judge who will

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offer the claimant the opportunity for a hearing and issue a new decision. The parties further

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request that the Clerk of the Court be directed to enter a final judgment in favor of Plaintiff, and

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against Defendant, reversing the final decision of the Commissioner.

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Respectfully submitted June 2, 2021.

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DATED: June 2, 2021

/s/ Lawrence D. Rohlfing
LAWRENCE D. ROHLFING
(as authorized by email)
Attorney for Plaintiff

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PHILLIP A. TALBERT
Acting United States Attorney

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DATED: June 2, 2021

By

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s/ Daniel P. Talbert
DANIEL P. TALBERT
Special Assistant United States Attorney

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Attorneys for Defendant

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ORDER

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Based upon the parties’ above Stipulation to Remand for Further Proceedings Pursuant to

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Sentence Four of 42 U.S.C. § 405(g), and for Entry of Judgment in Favor of Plaintiff (“Stipulation

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to Remand”) (Doc. 15), and for cause shown, IT IS HEREBY ORDERED that the above-captioned

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action is REMANDED to the Commissioner of Social Security for further proceedings consistent

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with the terms of the Stipulation to Remand.

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The Clerk of the Court is hereby DIRECTED to: (1) enter judgment in favor of Plaintiff

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Shelly Renee Carson and against Defendant Andrew Saul, Commissioner of Social Security; and

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(2) administratively close this file.

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IT IS SO ORDERED.
Dated:

June 3, 2021

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

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