Carlson v. Commissioner of Social Security

Filing 18

STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 1/7/19 REMANDING CASE to The Commissioner of Social Security pursuant to Sentence Four of 42 U.S.C. § 405(g). CASE CLOSED. (Mena-Sanchez, L)

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MCGREGOR W. SCOTT
United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX
Social Security Administration
MICHAEL K. MARRIOTT, CSBN 280890
Special Assistant United States Attorney
160 Spear Street, Suite 800
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
E-Mail: [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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STEVEN T. CARLSON,

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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. 2:18-cv-00979-EFB
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 undersigned

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

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

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purpose of the remand is to offer Plaintiff a new decision.

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Stipulation for Voluntary Remand
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Upon remand to the agency, the Appeals Council will remand this case to an

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Administrative Law Judge with the following instructions: Conduct a new hearing, pursuant to

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which Plaintiff may testify and submit new evidence; reevaluate the medical evidence and

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opinions and reevaluate all of the other evidence of record, including testimony and lay

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evidence; conduct the sequential evaluation process by reassessing Plaintiff’s impairments at

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step two, his residual functional capacity, obtain additional vocational expert testimony, if

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necessary, make a new determination at step five; and issue a new decision.

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Respectfully submitted,

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Date: December 21, 2018

By:

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Date: December 21, 2018

MCGREGOR W. SCOTT
United States Attorney

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By:

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/s/ Barbara M. Rizzo*
BARBARA M. RIZZO
* By email authorization on December 21, 2018
Attorney for Plaintiff

/s/ Michael K. Marriott
MICHAEL K. MARRIOTT
Special Assistant United States Attorney
Attorneys for Defendant

Of Counsel
Jeffrey Chen
Assistant Regional Counsel
Social Security Administration

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ORDER

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APPROVED AND SO ORDERED.

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DATED: January 7, 2019.
HONORABLE EDMUND F. BRENNAN
UNITED STATES MAGISTRATE JUDGE

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Stipulation for Voluntary Remand
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