Muhlenhaupt v. Commissioner of Social Security

Filing 22

STIPULATION and ORDER signed by Magistrate Judge Craig M. Kellison on 3/30/2017 ORDERING that, based upon the parties' Stipulation to Voluntary Remand Pursuant to Sentence Four of 42 U.S.C. § 405(g) and to Entry of Judgment, this action is REMANDED to the Commissioner of Social Security for further proceedings consistent with the terms of the Stipulation to Remand. CASE CLOSED. (Zignago, K.)

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PHILLIP A. TALBERT
United States Attorney
DEBORAH L. STACHEL
Regional Chief Counsel, Region IX
Social Security Administration
MARCELO ILLARMO, MA BBO 670079
Special Assistant United States Attorney
Social Security Administration
160 Spear Street, Suite 800
San Francisco, CA 94105
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Defendant

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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CHARLES MUHLENHAUPT,

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Plaintiff,
v.

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NANCY A. BERRYHILL, 1
Acting Commissioner of Social Security,

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Case No. : 2:15-cv-02336-CMK
JOINT STIPULATION FOR VOLUNTARY
REMAND PURSUANT TO SENTENCE
FOUR OF 42 U.S.C. § 405(g) AND TO
ENTRY OF JUDGMENT

Defendant.
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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). The

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purpose of the remand is to offer Plaintiff a new decision.

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Nancy A. Berryhill is now the Acting Commissioner of Social Security. Pursuant to Rule 25(d)
of the Federal Rules of Civil Procedure, Nancy A. Berryhill should be substituted for Acting
Commissioner Carolyn W. Colvin as the defendant in this suit. No further action needs to be
taken to continue this suit by reason of the last sentence of section 205(g) of the Social Security
Act, 42 U.S.C. § 405(g).

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On remand, the Commissioner will conduct any necessary further proceedings and issue

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a new decision. The parties further request that the Clerk of the Court be directed to enter a final

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judgment in favor of Plaintiff, and against Defendant, reversing the final decision of the

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Commissioner.

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Respectfully submitted,

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Date: March 28, 2017

By:

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/s/ Barbara Mann*
BARBARA MANN
Attorney for Plaintiff
*By email authorization on 3/24/17

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Date: March 28, 2017

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By:

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PHILLIP A. TALBERT
United States Attorney
/s/ Marcelo Illarmo
MARCELO ILLARMO
Special Assistant United States Attorney
Attorneys for Defendant

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ORDER

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Based upon the parties’ Stipulation to Voluntary Remand Pursuant to Sentence Four of 42

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U.S.C. § 405(g) and to Entry of Judgment (“Stipulation to Remand”), and for cause shown, IT IS

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HEREBY ORDERED, ADJUDGED AND DECREED that the above-captioned action is

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remanded to the Commissioner of Social Security for further proceedings consistent with the

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terms of the Stipulation to Remand.

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Dated: March 30, 2017