Allen v. Commissioner of Social Security

Filing 25

STIPULATION and ORDER signed by Magistrate Judge Dennis M. Cota on 10/24/18. REMANDING CASE to the Commissioner of Social Security. CASE CLOSED (Kastilahn, A)

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MCGREGOR W. SCOTT
United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX
Social Security Administration
CAROL S. CLARK
Special Assistant United States Attorney
160 Spear Street, Suite 800
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
[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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IRA ALLEN,
Plaintiff,

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vs.
NANCY BERRYHILL,
Acting Commissioner of Social Security,

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Defendant.

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) Case No.: 2:18-cv-00059-DMC
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) STIPULATION AND ORDER TO REMAND
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STIPULATION TO REMAND AND PROPOSED ORDER

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IT IS HEREBY STIPULATED, by and between Ira Allen (Plaintiff) and Nancy

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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.

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Stipulation for Remand, 2:18-cv-000059-DMC

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

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(ALJ) for a new decision. The Appeals Council will instruct the ALJ to reevaluate the medical

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evidence, including, but not limited to, all medical source opinion evidence concerning physical

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and mental impairments, and explain the weight given to the opinion evidence.

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

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

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Commissioner.

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Dated: October 20, 2018

By

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/s/ Cyrus Safa
CYRUS SAFA
Attorney for Plaintiff
(authorized by email on October 17, 2018)
MCGREGOR W. SCOTT
United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX
Social Security Administration

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By

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/s/ Carol S. Clark
CAROL S. CLARK
Special Assistant U.S. Attorney

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Attorneys for Defendant

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ORDER
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It is so ordered.
Dated: October 24, 2018
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DENNIS M. COTA
UNITED STATES MAGISTRATE JUDGE

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Stipulation for Remand, 2:18-cv-000059-DMC

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