James v. Commissioner of Social Security

Filing 19

STIPULATION and ORDER signed by Magistrate Judge Allison Claire on 4/3/17 ORDERING this action is 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. On remand, the Commissioner will conduct any necessary further proceedings and issue a new decision with evidentiary support for the findings. 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. CASE CLOSED (Becknal, R)

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1 8 PHILLIP A. TALBERT United States Attorney DEBORAH LEE STACHEL, CA SBN 230138 Regional Chief Counsel, Region IX Social Security Administration ADAM LAZAR CA SBN 237485 Special Assistant United States Attorney 160 Spear Street, Suite 800 San Francisco, California 94105 Telephone: (415) 268-5601 Facsimile: (415) 744-0134 E-Mail: Adam.Lazar@ssa.gov 9 Attorneys for Defendant 2 3 4 5 6 7 10 11 UNITED STATES DISTRICT COURT 12 EASTERN DISTRICT OF CALIFORNIA 13 14 ANTIONETTE JAMES, 15 Plaintiff, 16 vs. 17 18 NANCY A. BERRYHILL,1 Acting Commissioner of Social Security, Defendant. 19 20 21 ) ) Case No. 2:16-cv-01666-AC ) ) ) ) STIPULATION FOR VOLUNTARY ) REMAND PURSUANT TO SENTENCE ) ) FOUR OF 42 U.S.C. § 405(g) AND FOR ) ENTRY OF JUDGMENT ) ) ) ) ) ) 22 23 24 IT IS HEREBY STIPULATED, by and between Antoinette James (Plaintiff) and Nancy A. Berryhill, Acting Commissioner of Social Security (the Commissioner or Defendant), through 25 26 27 28 1 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). -1Stipulation for Remand (Sentence Four) 2:16-cv-01666-AC 1 their respective counsel of record, that this action be remanded for further administrative action 2 pursuant to section 205(g) of the Social Security Act, as amended, 42 U.S.C. section 405(g), 3 sentence four. 4 On remand, the Commissioner will conduct any necessary further proceedings and issue 5 a new decision with evidentiary support for the findings. The parties further request that the 6 Clerk of the Court be directed to enter a final judgment in favor of Plaintiff, and against 7 Defendant, reversing the final decision of the Commissioner. 8 DATE: March 31, 2017 Respectfully submitted, 9 PHILLIP A. TALBERT Acting United States Attorney 10 11 /s/ Adam Lazar ADAM LAZAR Special Assistant United States Attorney 12 13 14 DATE: March 31, 2017 Respectfully submitted, s/ Lawrence D. Rohlfing LAWRENCE D. ROHLFING Attorney for Plaintiff (per email authorization) 15 16 17 18 ORDER 19 20 PURSUANT TO STIPULATION, IT IS SO ORDERED. 21 22 DATED: April 3, 2017 23 24 25 26 27 28 -2Stipulation for Remand (Sentence Four) 2:16-cv-01666-AC

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