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)
1
2
3
4
5
6
7
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: (415) 977-8931
Facsimile: (415) 744-0134
E-Mail: Chantal.Jenkins@ssa.gov
8
9
Attorneys for Defendant
UNITED STATES DISTRICT COURT
10
EASTERN DISTRICT OF CALIFORNIA
11
SACRAMENTO DIVISION
12
13
REBA MODENA,
14
Plaintiff,
15
16
17
18
19
vs.
NANCY A. BERRYHILL,
Acting Commissioner of Social Security,
Defendant.
)
)
)
)
)
)
)
)
)
)
)
)
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
20
IT IS HEREBY STIPULATED by and between the parties, through their undersigned
21
attorneys, and with the approval of the Court, that the Commissioner of Social Security has
22
agreed to a voluntary remand of this case pursuant to sentence four of 42 U.S.C. § 405(g).
23
The parties further stipulate that the case shall be remanded to the Commissioner for
24
another administrative law judge (ALJ) decision with instructions to issue a de novo decision.
25
Upon remand, in accordance with 20 C.F.R. § 404.1594, the ALJ will compare the prior medical
26
evidence as of the date of the comparison decision with the medical evidence considered in the
27
28
1
1
continuing disability review through the ALJ’s decision, dated August 27, 2013, and determine
2
whether the Plaintiff experienced medical improvement.
3
4
5
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
6
7
8
9
10
11
12
13
By:
14
15
/s/ Chantal R. Jenkins
CHANTAL R. JENKINS
Special Assistant United States Attorney
16
17
18
ORDER
19
20
APPROVED AND SO ORDERED:
21
22
23
24
Dated: May 2, 2017
_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?