Plummer v. Commissioner of Social Security

Filing 20

STIPULATION and ORDER signed by Magistrate Judge Carolyn K. Delaney on 7/17/18, REMANDING CASE to the Commissioner of Social Security. The Clerk is directed to enter judgment in favor of Plaintiff, and against Defendant. CASE CLOSED (Kastilahn, A)

1
2
3
4
5
6
7

MCGREGOR W. SCOTT
United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX
Social Security Administration
Chantal R. Jenkins, SBN PA 307531
Special Assistant United States Attorney
160 Spear Street, Suite 800
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]

8
9

Attorneys for Defendant
UNITED STATES DISTRICT COURT

10
EASTERN DISTRICT OF CALIFORNIA
11
SACRAMENTO DIVISION
12
13
LARRY GENE PLUMMER,
14
Plaintiff,
15
vs.
16
17
18
19

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

)
)
)
)
)
)
)
)
)
)
)

Case No.: 2:17-cv-02414-CKD
STIPULATION TO VOLUNTARY
REMAND PURSUANT TO SENTENCE
FOUR OF 42 U.S.C. § 405(g) AND TO
VOLUNTARY ENTRY OF JUDGMENT
FOR PLAINTIFF

20
21

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

22

attorneys, and with the approval of the Court, that the Commissioner of Social Security has

23

agreed to a voluntary remand of this case pursuant to sentence four of 42 U.S.C. § 405(g).

24

On remand, the Appeals Council will remand the case to an administrative law judge

25

(ALJ) for a new hearing and decision. The Appeals Council will instruct the ALJ to take further

26

action as necessary to complete the administrative record.

27
28

1

The parties further request that the Clerk of the Court be directed to enter a final

2

judgment in favor of Plaintiff, and against Defendant, reversing the final decision of the

3

Commissioner.

4
5
6

Respectfully submitted,
Dated: July 13, 2018

/s/ Ana L. Molleda by Chantal R. Jenkins*
Ana L. Molleda
*As authorized via email by Ana L. Molleda
on July 13, 2018
Attorney for Plaintiff

Dated: July 13, 2018

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

7
8
9
10
11
12
13
14
By:

15
16

/s/ Chantal R. Jenkins
CHANTAL R. JENKINS
Special Assistant United States Attorney

17
18
19

ORDER

20
21

APPROVED AND SO ORDERED.

22
23
24
25
26
27
28

Dated: July 17, 2018

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE