Daniel v. Commissioner of Social Security

Filing 18

STIPULATION and ORDER signed by Magistrate Judge Carolyn K. Delaney on 12/6/2017 REMANDING this action for further administrative action and DIRECTING the Clerk to enter a final judgment in favor of Plaintiff. CASE CLOSED. (Hunt, G)

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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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MICHAEL DANIEL,
Plaintiff,

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

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Defendant.

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No. 2:17-cv-00980-CKD
STIPULATION FOR REMAND
PURSUANT TO SENTENCE FOUR OF
42 U.S.C. § 405(g) AND FOR ENTRY OF
JUDGMENT; [PROPOSED] ORDER

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IT IS HEREBY STIPULATED, by and between Michael Daniel (Plaintiff) and Nancy A.

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Berryhill, Acting Commissioner of Social Security (the Commissioner or Defendant), through

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their respective counsel of record, that this action be remanded for further administrative action

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pursuant to section 205(g) of the Social Security Act, as amended, 42 U.S.C. section 405(g),

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sentence four. On remand, the Commissioner will conduct any necessary further proceedings

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and issue a new decision with evidentiary support for the findings.

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Stipulation for Voluntary Remand, No. 2:17-cv-00980-CKD

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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: December 5, 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: December 5, 2017

Respectfully submitted,
s/ Jonathan O. Peña
JONATHAN O. PEÑA
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: December 6, 2017

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CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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Stipulation for Voluntary Remand, No. 2:17-cv-00980-CKD

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