Fischl v. Commissioner of Social Security

Filing 23

STIPULATION and ORDER REMANDING CASE to Commissioner of Social Security signed by Magistrate Judge Craig M. Kellison on 10/27/17. (Kaminski, H)

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PHILLIP A. TALBERT
United States Attorney
DEBORAH LEE STACHEL
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, CA 94105
Telephone: [phone]
Facsimile: 415-744-0134
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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DANIEL FISCHL,
Plaintiff,

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v.

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NANCY A. BERRYHILL,
Acting Commissioner of Social Security,

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Defendant.

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No. 2:16-cv-02320-CMK

STIPULATION FOR REMAND
PURSUANT TO SENTENCE FOUR OF
42 U.S.C. § 405(g) AND FOR ENTRY OF
JUDGMENT; ORDER

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IT IS HEREBY STIPULATED, by and between Daniel Fischl (Plaintiff) and Nancy A.
Berryhill, Acting Commissioner of Social Security (the Commissioner or Defendant), through
their respective counsel of record, that this action be 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.

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Stipulation for Voluntary Remand, No. 2:16-cv-02320-CMK

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On remand, the Commissioner will conduct any necessary further proceedings, including

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a determination as to whether Plaintiff met the criteria of Listing 12.05, 20 C.F.R. § 404, Subpart

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P, Appendix 1, for the period at issue in this matter.

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The parties further request that the Clerk of the Court be directed to enter a final

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judgment in favor of Plaintiff, and against Defendant, reversing the final decision of the

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Commissioner.

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DATE: October 26, 2017

Respectfully submitted,

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PHILLIP A. TALBERT
United States Attorney

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

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DATE: October 26, 2017

Respectfully submitted,
s/ Jesse Kaplan____________
JESSE KAPLAN
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: October 27, 2017

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Stipulation for Voluntary Remand, No. 2:16-cv-02320-CMK

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