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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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: [phone]
Facsimile: [phone]
E-Mail: [e-mail]

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Attorneys for Defendant

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ANTIONETTE JAMES,

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Plaintiff,

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vs.

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

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) Case No. 2:16-cv-01666-AC
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) STIPULATION FOR VOLUNTARY
) REMAND PURSUANT TO SENTENCE
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) FOUR OF 42 U.S.C. § 405(g) AND FOR
) ENTRY OF JUDGMENT
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IT IS HEREBY STIPULATED, by and between Antoinette James (Plaintiff) and Nancy
A. Berryhill, Acting Commissioner of Social Security (the Commissioner or Defendant), through

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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).

-1Stipulation for Remand (Sentence Four)

2:16-cv-01666-AC

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their respective counsel of record, that this action be remanded for further administrative action

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pursuant to section 205(g) of the Social Security Act, as amended, 42 U.S.C. section 405(g),

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sentence four.

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

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a new decision with evidentiary support for the findings. The parties further request that the

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Clerk of the Court be directed to enter a final judgment in favor of Plaintiff, and against

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Defendant, reversing the final decision of the Commissioner.

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DATE: March 31, 2017

Respectfully submitted,

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PHILLIP A. TALBERT
Acting United States Attorney

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/s/ Adam Lazar
ADAM LAZAR
Special Assistant United States Attorney

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DATE: March 31, 2017

Respectfully submitted,
s/ Lawrence D. Rohlfing
LAWRENCE D. ROHLFING
Attorney for Plaintiff
(per email authorization)

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ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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DATED: April 3, 2017

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-2Stipulation for Remand (Sentence Four)

2:16-cv-01666-AC