Modena v. Commissioner of Social Security

Filing 32

STIPULATION and ORDER signed by Magistrate Judge Carolyn K. Delaney on 5/2/17 ORDERING that this case is REMANDED pursuant to Sentence Four of 42 U.S.C. § 405(g). (Mena-Sanchez, L)

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BENJAMIN B. WAGNER
United States Attorney
DEBORAH STACHEL
Regional Chief Counsel, Region IX
Social Security Administration
Chantal R. Jenkins, SBN PA 307531
Special Assistant United States Attorney
160 Spear Street, Suite 800
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]

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Attorneys for Defendant
UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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SACRAMENTO DIVISION
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REBA MODENA,
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Plaintiff,
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vs.
NANCY A. BERRYHILL,
Acting Commissioner of Social Security,
Defendant.

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Case No.: 2:15-cv-00129-CKD
STIPULATION TO VOLUNTARY
REMAND PURSUANT TO SENTENCE
FOUR OF 42 U.S.C. § 405(g) AND TO
ENTRY OF JUDGMENT FOR PLAINTIFF

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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).
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The parties further stipulate that the case shall be remanded to the Commissioner for
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another administrative law judge (ALJ) decision with instructions to issue a de novo decision.
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Upon remand, in accordance with 20 C.F.R. § 404.1594, the ALJ will compare the prior medical
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evidence as of the date of the comparison decision with the medical evidence considered in the
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continuing disability review through the ALJ’s decision, dated August 27, 2013, and determine

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whether the Plaintiff experienced medical improvement.

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Respectfully submitted,
Dated: April 28, 2017

/s/ Jesse S. Kaplan by Chantal R. Jenkins*
JESSE S. KAPLAN
*As authorized via email by Jesse Kaplan
on APRIL 28, 2017
Attorney for Plaintiff

Dated: April 28, 2017

PHILLIP A. TALBERT
United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX
Social Security Administration

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By:

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/s/ Chantal R. Jenkins
CHANTAL R. JENKINS
Special Assistant United States Attorney

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ORDER

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APPROVED AND SO ORDERED:

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Dated: May 2, 2017

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CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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