Johnson v. Commissioner of Social Security

Filing 17

ORDER signed by Magistrate Judge Allison Claire on 4/4/2017 ORDERING that the Commissioner of Social Security has agreed to a voluntary remand of this case pursuant to sentence four of 42:405(g). CASE CLOSED(Reader, 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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LAURA J. JOHNSON,
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Plaintiff,
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vs.
NANCY A. BERRYHILL,1
Acting Commissioner of Social Security,
Defendant.

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Case No.: 2:16-cv-01025-AC
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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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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Upon remand, the Office of Disability Adjudication and Review (ODAR) will remand

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this case to an Administrative Law Judge (ALJ) with instructions to reevaluate the medical

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evidence of record, reassess Plaintiff’s residual functional capacity, and obtain supplemental

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vocational expert testimony if needed. The ALJ will take any further action deemed necessary to

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develop the record and issue a new decision.

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Respectfully submitted,
Dated: April 3, 2017

/s/ Robert Weems by Chantal R. Jenkins*
ROBERT WEEMS
*As authorized via email by Robert Weems
on March 29, 2017
Attorney for Plaintiff

Dated: April 3, 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:
Dated: April 4, 2017

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