Briggs v. Commissioner of Social Security

Filing 26

STIPULATION and ORDER signed by Magistrate Judge Craig M. Kellison on 03/19/18 REMANDING case to the Commissioner for further proceedings. On remand, the Appeals Council will remand the case to an administrative law judge (ALJ) for a new decision. T he Appeals Council will instruct the ALJ to re-evaluate the medical opinion evidence. The Appeals Council will instruct the ALJ to take further action, as warranted, to complete the administrative record and resolve the above issues. Clerk to enter Judgment in favor of Plaintiff, and against Defendant, reversing the final decision of the Commissioner. CASE CLOSED (Benson, A.)

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MCGREGOR W. SCOTT
United States Attorney
DEBORAH LEE STACHEL, CSBN 230138
Regional Chief Counsel, Region IX
Social Security Administration
GINA TOMASELLI, CSBN 267090
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
EASTERN DISTRICT OF CALIFORNIA
SACRAMENTO DIVISION

SHELENE BRIGGS,
Plaintiff,
v.
NANCY BERRYHILL,
Acting Commissioner of Social Security,
Defendant.

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Case No. 2:16-CV-01831-CMK
STIPULATION AND ORDER FOR
VOLUNTARY REMAND PURSUANT TO
SENTENCE FOUR OF
42 U.S.C. § 405(g)

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Plaintiff Shelene Briggs and Defendant Nancy A. Berryhill, Acting Commissioner of

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Social Security (the Commissioner), stipulate, with the approval of this Court, to remand the

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above-captioned case to the Commissioner, pursuant to sentence four of 42 U.S.C. § 405(g), for

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further proceedings.

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On remand, the Appeals Council will remand the case to an administrative law judge

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(ALJ) for a new decision. The Appeals Council will instruct the ALJ to re-evaluate the medical

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opinion evidence. The Appeals Council will instruct the ALJ to take further action, as

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warranted, to complete the administrative record and resolve the above issues.

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The Clerk of the Court is directed to enter a final judgment in favor of Plaintiff, and
against Defendant, reversing the final decision of the Commissioner, and close this file.

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Respectfully submitted,
Dated: March 15, 2018

By:

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/s/ Bess Murchison Brewer *
BESS MURCHISON BREWER
Law Office of Bess M. Brewer
Attorney for Plaintiff
(*by email authorization on 3/15/18)

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MCGREGOR W. SCOTT
United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX
Social Security Administration

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Dated: March 15, 2018

By:

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/s/ Gina Tomaselli
GINA TOMASELLI
Special Assistant U.S. Attorney

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Attorneys for Defendant

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IT IS SO ORDERED.

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Dated: March 19, 2018

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Stip. for Vol. Remand; No. 16-1831-CMK