Lauser v. Commissioner of Social Security

Filing 25

STIPULATION and ORDER signed by Magistrate Judge Dennis M. Cota on 3/15/2019 REMANDING this action to the Commissioner of Social Security for further proceedings consistent with the terms of the Stipulation to Remand. CASE CLOSED. (Zignago, K.)

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McGREGOR W. SCOTT
United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX
Social Security Administration
MARCELO ILLARMO (MABN 670079)
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
UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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ROBERTA NUESTRO LAUSER,

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Plaintiff,

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

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Defendant.

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Case No.: 2:17-cv-02165-DMC
STIPULATION FOR VOLUNTARY
REMAND PURSUANT TO SENTENCE
FOUR OF 42 U.S.C. § 405(g)

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IT IS HEREBY STIPULATED, by and between the parties, through their

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undersigned attorneys, and with the approval of the Court, that the Commissioner of Social

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Security has agreed to a voluntary remand of this case pursuant to sentence four of 42 U.S.C. §

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405(g). The purpose of the remand is to offer Plaintiff a new decision.

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On remand, the Administrative Law Judge will obtain evidence from a medical expert

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regarding the claimant’s established onset date of disability, pursuant to Social Security Ruling

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18-1p; give the claimant an opportunity to provide additional evidence and testimony at a

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hearing; and issue a new decision. The parties further request that the Clerk of the Court be

Stip. For Voluntary Remand; Case 2:17-cv-02165-DMC

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directed to enter a final judgment in favor of Plaintiff, and against Defendant, reversing the final

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decision of the Commissioner.

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Respectfully submitted,

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Dated: March 13, 2019

/s/ Patricia McCabe*
(*as authorized via e-mail on 3/7/19)
PATRICIA L MCCABE
Attorney for Plaintiff

Dated: March 13, 2019

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

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By:

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/s/ Marcelo Illarmo
MARCELO ILLARMO
Special Assistant United States Attorney

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Attorneys for Defendant

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ORDER
Based upon the parties’ Stipulation to Voluntary Remand Pursuant to Sentence Four of

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42 U.S.C. § 405(g) and to Entry of Judgment (“Stipulation to Remand”), and for cause shown, IT

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IS HEREBY ORDERED, ADJUDGED AND DECREED that the above-captioned action is

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remanded to the Commissioner of Social Security for further proceedings consistent with the

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terms of the Stipulation to Remand.

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Dated: March 15, 2019
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DENNIS M. COTA
UNITED STATES MAGISTRATE JUDGE

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Stip. For Voluntary Remand; Case 2:17-cv-02165-DMC

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