Spagel v. Commissioner of Social Security

Filing 22

STIPULATION and ORDER signed by Magistrate Judge Allison Claire on 2/14/2018 REVERSING and REMANDING for further administrative action. CASE CLOSED. (York, M)

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McGREGOR W. SCOTT
United States Attorney
DEBORAH LEE STACHEL, CSBN 230138
Regional Chief Counsel, Region IX
RICHARD M. RODRIGUEZ
Special Assistant United States Attorney
160 Spear Street, Suite 800
San Francisco, California 94105
Telephone: [phone]
Facsimile: 415-744-0134
E-mail: [e-mail]
Attorneys for Defendant

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION
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JOSHUA SPAGEL,
Plaintiff,

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

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Case No. 2:17-CV-00839-AC
STIPULATION AND PROPOSED ORDER FOR
VOLUNTARY REMAND PURSUANT TO
SENTENCE FOUR OF 42 U.S.C. § 405(g) AND
FOR ENTRY OF JUDGMENT FOR
PLAINTIFF

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IT IS HEREBY STIPULATED, by and between JOSHUA SPAGEL (Plaintiff) and

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NANCY A. BERRYHILL, Acting Commissioner of Social Security (the Commissioner or

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Defendant), through their respective counsel of record, that this action be reversed and remanded

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for further administrative action pursuant to section 205(g) of the Social Security Act, as

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amended, 42 U.S.C. § 405(g), sentence four. On remand, the Appeals Council will remand the

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case to an administrative law judge (ALJ) with instructions to, 1) further consider the opinion

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evidence of record, 2) reconsider Plaintiff’s symptoms, 3) further consider Plaintiff’s residual

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Stipulation and Order Remanding for Further Proceedings
2:17-CV-00839-AC

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functional capacity, 4) if warranted obtain supplemental vocational expert testimony, 5) give

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Plaintiff an opportunity for a new hearing, 6) take action necessary to complete the

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administrative record, and 7) issue a new decision.

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The Court Clerk, shall enter judgment in favor of Plaintiff.

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DATED: February 14, 2018

McGREGOR W. SCOTT
United States Attorney

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By:

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/s/ Richard M. Rodriguez
RICHARD M. RODRIGUEZ
Special Assistant U.S. Attorney
[e-mail]
Attorneys for Defendant
Nancy A. Berryhill,
Acting Commissioner of Social Security

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DATED: February 14, 2018

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/sCyrus Safa
By: Richard M. Rodriguez,
as authorized by email on February 14, 2018
CYRUS SAFA, ESQ., CSBN: 282971
Attorney for Plaintiff

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APPROVED AND SO ORDERED:
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Dated: February 14, 2018

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Stipulation and Order Remanding for Further Proceedings
2:17-CV-00839-AC