Alvarado v. Commissioner of Social Security

Filing 18

STIPULATION and ORDER signed by Magistrate Judge Carolyn K. Delaney on 2/9/2018 APPROVING this case be REMANDED. CASE CLOSED(Washington, S)

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MCGREGOR W. SCOTT
United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX
Social Security Administration
FRANCESCO P. BENAVIDES
Special Assistant United States Attorney
Social Security Administration
160 Spear Street, Suite 800
San Francisco, CA 94105
Telephone: [phone]
Facsimile: 415-744-0134
Email: [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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NICOLAS ANTONIO ALVARADO,
Plaintiff,

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v.

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

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Civil No. 2:17-cv-01519 CKD
STIPULATION TO VOLUNTARY
REMAND PURSUANT TO
SENTENCE FOUR OF 42 U.S.C.
§ 405(g) AND TO ENTRY OF
JUDGMENT; ORDER

THE PARTIES HEREBY STIPULATE, through their undersigned attorneys and with the

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approval of the Court, that Defendant has agreed to a voluntary remand of this case pursuant to sentence

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four of 42 U.S.C. § 405(g).

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Upon remand, the Appeals Council will remand this case to an administrative law judge (ALJ)
and direct him or her to hold a new hearing and issue a new decision. The ALJ will reevaluate whether,
considering Plaintiff’s vocational profile and residual functional capacity, he can perform work existing
in significant numbers in the national economy. If necessary, the ALJ will consult a vocational expert
and solicit an explanation from the vocational expert for any apparent conflicts arising between the

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vocational expert’s testimony and the occupational information contained in the Dictionary of

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Occupational Titles.
As noted, this stipulation constitutes a remand under the fourth sentence of Section 205(g) of the

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Social Security Act. 42 U.S.C. § 405(g).

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Respectfully submitted,

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Date:

February 6, 2018

Law Offices of Lawrence D. Rohlfing
/s/ Francesco Benavides for Denise Haley*
DENISE BOURGEOIS HALEY
(* by email authorization on February 5, 2018)
Attorney for Plaintiff

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Date:

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

February 6, 2018

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BY:

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/s/ Francesco P. Benavides_
FRANCESCO P. BENAVIDES
Special Assistant United States Attorney
Attorneys for Defendant

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ORDER

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APPROVED AND SO ORDERED.
Dated: February 9, 2018

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CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE