Yadon v. Commissioner of Social Security

Filing 15

STIPULATION and ORDER signed by Magistrate Judge Carolyn K. Delaney on 3/29/2017 ORDERING that, based on the parties' stipulation, this action is REMANDED to the Commissioner of Social Security for further proceedings consistent with the terms of the Stipulation to Remand. CASE CLOSED. (Zignago, K.)

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1 2 3 4 5 6 7 8 PHILLIP A. TALBERT United States Attorney DEBORAH L. STACHEL Regional Chief Counsel, Region IX Social Security Administration MARCELO ILLARMO, MA BBO 670079 Special Assistant United States Attorney Social Security Administration 160 Spear Street, Suite 800 San Francisco, CA 94105 Telephone: (415) 977-8944 Facsimile: (415) 744-0134 Email: Marcelo.Illarmo@ssa.gov Attorneys for Defendant 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 12 CLINT YADON, 13 14 Plaintiff, v. 15 16 17 NANCY A. BERRYHILL,1 Acting Commissioner of Social Security, 19 21 22 Case No. : 2:16-cv-02676-CKD JOINT STIPULATION FOR VOLUNTARY REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(g) AND TO ENTRY OF JUDGMENT Defendant. 18 20 ) ) ) ) ) ) ) ) ) ) IT IS HEREBY STIPULATED by and between the parties, through their undersigned attorneys, and with the approval of the Court, that the Commissioner of Social Security has agreed to a voluntary remand of this case pursuant to sentence four of 42 U.S.C. § 405(g). The purpose of the remand is to offer Plaintiff a new decision. 23 24 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 On remand, the Commissioner will conduct any necessary further proceedings and issue a 2 new decision. The parties further request that the Clerk of the Court be directed to enter a final 3 judgment in favor of Plaintiff, and against Defendant, reversing the final decision of the 4 Commissioner. 5 6 Respectfully submitted, 7 8 9 10 Date: March 28, 2017 By: 11 /s/ Kelsey Mackenzie Brown* KELSEY MACKENZIE BROWN Attorney for Plaintiff *By email authorization on 3/16/17 12 13 Date: March 28, 2017 14 By: 15 16 PHILLIP A. TALBERT United States Attorney /s/ Marcelo Illarmo MARCELO ILLARMO Special Assistant United States Attorney Attorneys for Defendant 17 18 19 20 21 ORDER Based upon the parties’ Stipulation to Voluntary Remand Pursuant to Sentence Four of 42 U.S.C. § 405(g) and to Entry of Judgment (“Stipulation to Remand”), and for cause shown, IT IS 22 HEREBY ORDERED, ADJUDGED AND DECREED that the above-captioned action is 23 remanded to the Commissioner of Social Security for further proceedings consistent with the 24 terms of the Stipulation to Remand. 25 26 27 28 Dated: March 29, 2017 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE

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