Sullens v. Commissioner of Social Security

Filing 20

STIPULATION and ORDER signed by Magistrate Judge Craig M. Kellison on 12/19/16 ORDERING that this action is REMANDED to the Commissioner of Social Security for further administrative action pursuant to section 205(g) of the Social Security Act, as am ended, 42 U.S.C. § 405(g), sentence four. On remand, the Appeals Council will assign this case to an administrative law judge (ALJ) for a new hearing and decision. The Appeals Council will instruct the ALJ to reevaluate whether Claimant meets or equals a Listing, and take any necessary further action to complete the administrative record. CASE CLOSED (Benson, A)

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1 2 3 4 5 6 7 PHILLIP A. TALBERT United States Attorney DEBORAH LEE STACHEL Regional Chief Counsel, Region IX Social Security Administration CAROLYN B. CHEN, CSBN 256628 Special Assistant United States Attorney 160 Spear Street, Suite 800 San Francisco, California 94105 Telephone: (415) 977-8956 Facsimile: (415) 744-0134 E-Mail: Carolyn.Chen@ssa.gov 8 9 Attorneys for Defendant UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 SACRAMENTO DIVISION 12 13 DELBERT LEON SULLENS, 14 Plaintiff, 15 16 17 18 vs. CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant. 19 20 Case No.: 2:15-cv-01537-CMK ) ) ) ) ) ) ) ) ) ) ) ) STIPULATION AND ORDER TO VOLUNTARY REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(g) AND TO ENTRY OF JUDGMENT IT IS HEREBY STIPULATED, by and between the parties, through their respective 21 counsel of record, that this action be remanded to the Commissioner of Social Security for 22 further administrative action pursuant to section 205(g) of the Social Security Act, as amended, 23 42 U.S.C. § 405(g), sentence four. 24 25 26 27 On remand, the Appeals Council will assign this case to an administrative law judge (ALJ) for a new hearing and decision. The Appeals Council will instruct the ALJ to reevaluate whether Claimant meets or equals a Listing, and take any necessary further action to complete the administrative record. 28 1 1 2 The parties further request that the Clerk of the Court be directed to enter a final judgment in favor of Plaintiff, and against Defendant, reversing the final decision of the Commissioner . 3 4 5 Dated: December 12, 2016 6 LAW OFFICES OF HADLEY & FRAULOB By: /s/ Joseph C. Fraulob by C.Chen* JOSEPH C. FRAULOB (*as authorized via email on 12/12/2016) 7 8 9 Dated: December 12, 2016 10 PHILLIP A. TALBERT United States Attorney By: /s/ Carolyn B. Chen CAROLYN B. CHEN Special Assistant United States Attorney Attorneys for Defendant 11 12 13 14 15 ORDER 16 17 PURSUANT TO STIPULATION, IT IS SO ORDERED. 18 19 Dated: December 19, 2016 20 21 22 23 24 25 26 27 28 2

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