Shanahan v. Commissioner of Social Security

Filing 22

STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 10/9/2018 REMANDING this action for further administrative action. Clerk is directed to enter a final judgment in favor of Plaintiff, and against Defendant, reversing the final decision of the Commissioner. 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
SHEA LITA BOND, SBN D.C. 469103
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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SACRAMENTO DIVISION
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RITA SHANAHAN,
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Plaintiff,
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vs.
NANCY A. BERRYHILL,
Acting Commissioner of Social Security,
Defendant.

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Case No.: 2:18-cv-00484-EFB
STIPULATION TO VOLUNTARY
REMAND PURSUANT TO SENTENCE
FOUR OF 42 U.S.C. § 405(g) AND TO
ENTRY OF JUDGMENT FOR PLAINTIFF;
[PROPOSED] ORDER

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

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attorneys, that this action be remanded for further administrative action pursuant to the Social

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Security Act § 205(g), as amended, 42 U.S.C. § 405(g), sentence four.

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

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

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perform the requisite “comparison of prior and current medical evidence” using the medical

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evidence underlying the prior ALJ decision dated November 13, 2009 (the comparison point

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decision), pursuant to 20 C.F.R. §§ 404.1594(b)(7), (c)(1).

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Stip. for Voluntary Remand & Prop. Order; 2:18-cv-00484-EFB

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The parties further request that the Clerk of the Court be directed to enter a final
judgment in favor of Plaintiff, and against Defendant, reversing the final decision of the
Commissioner.

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Respectfully submitted,

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Dated: October 4, 2018

/s/ Lawrence D. Rohlfing
(*as authorized via email on October 3, 2018)
LAWRENCE D. ROHLFING
Attorney for Plaintiff

Dated: October 4, 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/ Shea Lita Bond
SHEA LITA BOND
Special Assistant U.S. Attorney

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Attorneys for Defendant

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OF COUNSEL:
Allison J. Cheung
Assistant Regional Counsel, Region IX

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ORDER

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APPROVED AND SO ORDERED.
Dated: October 9, 2018.

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THE HONORABLE EDMUND F. BRENNAN
United States Magistrate Judge

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Stip. for Voluntary Remand & Prop. Order; 2:18-cv-00484-EFB

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