Brown v. Commissioner of Social Security

Filing 20

STIPULATION and ORDER signed by Magistrate Judge Deborah Barnes on 02/19/18 REMANDING CASE for further administrative proceedings pursuant to sentence four of 42 U.S.C. § 405(g). Clerk to enter a final judgment in favor of Plaintiff, and against Defendant, reversing the final decision of the Commissioner. CASE CLOSED (Benson, A.)

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1 2 3 4 5 6 7 8 MCGREGOR W. SCOTT United States Attorney DEBORAH L. STACHEL Regional Chief Counsel, Region IX Social Security Administration MARGARET BRANICK-ABILLA, CSBN 223600 Special Assistant United States Attorney Social Security Administration 160 Spear Street, Suite 800 San Francisco, CA 94105 Telephone: (415) 977-8929 Facsimile: (415) 744-0134 Email: Margaret.Branick-Abilla@ssa.gov 9 10 Attorneys for Defendant 11 UNITED STATES DISTRICT COURT 12 EASTERN DISTRICT OF CALIFORNIA 13 SACRAMENTO DIVISION 14 15 CARL EDWARD BROWN, Plaintiff, 16 17 18 vs. NANCY A. BERRYHILL, Acting Commissioner of Social Security, 19 20 Defendant. ) ) ) ) ) ) ) ) ) ) No. 2:17-cv-00896-DB STIPULATION & ORDER TO REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(g) 21 22 IT IS HEREBY STIPULATED, by and between plaintiff Carl Edward Brown (Plaintiff) 23 and Nancy A. Berryhill, Acting Commissioner of Social Security (the Commissioner or 24 Defendant), through their respective counsel of record, and with the approval of the Court, that 25 this action be remanded for further administrative proceedings pursuant to sentence four of 42 26 U.S.C. § 405(g). 27 28 The Appeals Council will remand the case to an administrative law judge (ALJ) for a new decision. On remand, the Appeals Council will instruct the ALJ to further consider the Stipulation & PO 2:17-cv-00896-DB 1 2 3 medical evidence, to reassess the Plaintiff’s residual functional capacity as appropriate, and to reconsider, with the assistance of a vocational expert, whether the Plaintiff has acquired work skills from past relevant work that are transferrable to other jobs in the national economy. 4 5 6 The parties further request that the Clerk of the Court be directed to enter a final judgment in favor of Plaintiff, and against Defendant, reversing the final decision of the Commissioner. 7 8 9 Respectfully submitted, Dated: February 15, 2018 FORSLUND LAW LLC 10 11 By: /s/ Jacqueline A. Forslund* JACQUELINE A. FORSLUND Attorneys for Plaintiff [*As authorized by e-mail on Feb. 14, 2018] 12 13 14 15 Dated: February 19, 2018 16 MCGREGOR W. SCOTT United States Attorney By: /s/ Margaret Branick-Abilla MARGARET BRANICK-ABILLA Special Assistant United States Attorney Attorneys for Defendant 17 18 19 20 ORDER 21 Pursuant to stipulation, IT IS SO ORDERED.1 22 23 Dated: February 19, 2018 24 25 26 27 DLB:6 DB\orders\orders.soc sec\brown0896.stip.remand.ord 28 1 Accordingly, the Clerk of the Court shall close this case. Stipulation & PO 2:17-cv-00896-DB

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