Nunez-Galindo v. Commissioner of Social Security

Filing 23

STIPULATION and ORDER signed by Magistrate Judge Carolyn K. Delaney on 2/13/17 ORDERING that this action be remanded for further administrative action pursuant to section 205(g) of the Social Security Act, as amended, 42 U.S.C. section 405(g), sentence four. CASE CLOSED.(Mena-Sanchez, L)

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PHILLIP A. TALBERT
United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX
Social Security Administration
JENNIFER A. KENNEY, CSBN 241625
Special Assistant United States Attorney
160 Spear Street, Suite 800
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]
Attorneys for Defendant

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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JOSE MANUEL DE JESUS NUNEZGALINDO,

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Plaintiff,

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vs.
NANCY A. BERRYHILL1,
Acting Commissioner of Social Security,

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Defendant.

Case No.: 2:16-CV-00837-CKD
STIPULATION AND ORDER 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 Plaintiff and Nancy A. Berryhill, Acting
Commissioner of Social Security (the Commissioner or Defendant), through their respective
counsel of record, that this action be remanded for further administrative action pursuant to
section 205(g) of the Social Security Act, as amended, 42 U.S.C. section 405(g), sentence four.

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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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Stip. & Prop. Order to Vol. Rem. 2:16-CV-00837-CKD

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On remand, the Appeals Council will remand the case to an administrative law judge
(ALJ) for a new decision. The Appeals Council will instruct the ALJ to reevaluate the medical
evidence, including, but not limited to, all medical-source opinion evidence, and explain the
weight given to the opinion evidence consistent with 20 C.F.R. § 404.1527, and Social Security
Rulings 96-5p and 96-6p. The Appeals Council will also instruct the ALJ to obtain vocational
expert testimony, as necessary, to assist in determining what jobs exist, if any, for Plaintiff given
his age, education, vocational factors, including literacy, and residual functional capacity.
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.

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Respectfully submitted,

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Dated: February 9, 2017

/s/ Lawrence D. Rohlfing
(as authorized by email on Feb. 7, 2017)
LAWRENCE D. ROHLFING
Attorney for Plaintiff

Dated: February 9, 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/ Jennifer A. Kenney
JENNIFER A. KENNEY
Special Assistant U.S. Attorney
Attorneys for Defendant
ORDER

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APPROVED AND SO ORDERED:
Dated: February 13, 2017

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CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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Stip. & Prop. Order to Vol. Rem. 2:16-CV-00837-CKD