Boyd v. Commissioner of Social Security

Filing 16

ORDER signed by Magistrate Judge Kendall J. Newman on 3/2/2017 ORDERING the case REMANDED to the Commissioner of Social Security. CASE CLOSED. (Jackson, T)

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1 2 3 4 5 6 7 PHILLIP A. TALBERT United States Attorney DEBORAH LEE STACHEL Regional Chief Counsel C. HAY-MIE CHO, CSBN 282259 Special Assistant United States Attorney Social Security Administration, Region IX 160 Spear Street, Suite 800 San Francisco, California 94105 Tel: (415) 268-5610 Fax: (415) 744-0134 E-mail: Attorneys for Defendant 8 9 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION 10 11 12 13 14 15 16 DEWAYNE BOYD, Plaintiff, v. NANCY A. BERRYHILL,1 Acting Commissioner of Social Security, Defendant. 17 18 ) Case No. 2:16-cv-01891-KJN ) ) ) ) ORDER OF REMAND ) ) ) ) ) ) ) 19 20 Based upon the parties’ Stipulation to Voluntary Remand Pursuant to Sentence Four of 21 42 U.S.C. § 405(g) and to Entry of Judgment (“Stipulation to Remand”) (ECF No. 15), and for 22 cause shown, IT IS HEREBY ORDERED that the above-captioned action be remanded to the 23 Acting Commissioner of Social Security for further proceedings consistent with the terms of the 24 Stipulation to Remand. 25 1 26 27 28 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). -1- 1 On remand, the Appeals Council will remand the case to an administrative law judge 2 (“ALJ”) with instructions to reevaluate the medical evidence of record, reassess Plaintiff’s 3 residual functional capacity, and obtain supplemental vocational expert testimony if needed. The 4 ALJ will take any further action deemed necessary to develop the record and issue a new 5 decision. 6 Furthermore, pursuant to the parties’ request, the Clerk of Court is directed to enter final 7 judgment in favor of Plaintiff, and against Defendant, reversing the final decision of the 8 Commissioner, and shall close this case. 9 10 Dated: March 2, 2017 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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