Zumpano v. Commissioner of Social Security

Filing 18

STIPULATION and ORDER signed by Magistrate Judge Craig M. Kellison on 2/7/2018 ORDERING that this action is REMANDED for further administrative proceedings pursuant to sentence four of 42 U.S.C. § 405(g); and the Clerk is directed to enter a final judgment in favor of Plaintiff, and against Defendant, REVERSING the final decision of the Commissioner. CASE CLOSED(Becknal, R)

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MCGREGOR W. SCOTT
United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX
Social Security Administration
MARGARET BRANICK-ABILLA, CSBN 223600
Special Assistant United States Attorney
160 Spear Street, Suite 800
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
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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SACRAMENTO DIVISION
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TERESA VICTORIA ZUMPANO,
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Plaintiff,
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vs.
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NANCY A. BERRYHILL,
Acting Commissioner of Social Security,

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Defendant.

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Case No.: 2:17-cv-01006-CMK
STIPULATION & ORDER TO REMAND
PURSUANT TO SENTENCE FOUR OF 42
U.S.C. § 405(g)

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IT IS HEREBY STIPULATED, by and between plaintiff Teresa Victoria Zumpano
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(Plaintiff) and Nancy A. Berryhill, Acting Commissioner of Social Security (the Commissioner
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or Defendant), through their respective counsel of record, and with the approval of the Court,
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that this action be remanded for further administrative proceedings pursuant to sentence four of
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42 U.S.C. § 405(g).
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The Appeals Council will remand the case to an administrative law judge (ALJ). On
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remand, the Appeals Council will instruct the ALJ to further evaluate Plaintiff’s mental
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impairments, to further consider the medical evidence, including but not limited to medical
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Stip. and [Proposed] Order; Case No. 2:17-cv-01006-CMK

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opinion evidence concerning physical and mental impairments, to reconsider Plaintiff’s residual

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functional capacity as appropriate, to take further action as needed to complete the administrative

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record, and to issue a new decision.

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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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Respectfully submitted,

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Dated: February 6, 2018

GERRARD LAW OFFICES

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By:/s/ Josephine M. Gerrard*
Josephine M. Gerrard
Attorneys for Plaintiff
[*As authorized by e-mail on February 6, 2018]

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Dated: February 7, 2018

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MCGREGOR W. SCOTT
United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX
Social Security Administration

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By: /s/ Margaret Branick-Abilla_
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MARGARET BRANICK-ABILLA
Special Assistant United States Attorney
Attorneys for Defendant

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[PROPOSED] ORDER
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Pursuant to stipulation, IT IS SO ORDERED.
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Dated: February 7, 2018

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Stip. and [Proposed] Order; Case No. 2:17-cv-01006-CMK