Sokolik v. Commissioner of Social Security

Filing 16

STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 2/25/2019 ORDERING that a final judgment be entered in favor of Plaintiff, and against Defendant, reversing the final decision of the Commissioner. CASE CLOSED (Washington, S)

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1 2 3 4 5 6 7 8 9 10 MCGREGOR W. SCOTT United States Attorney DEBORAH LEE STACHEL Regional Chief Counsel, Region IX Social Security Administration BEATRICE NA, CSBN 303390 Special Assistant United States Attorney Social Security Administration Office of the General Counsel 160 Spear St Ste 800 San Francisco, CA 94105 Telephone: (415) 977-8967 Facsimile: (415) 744-0134 E-mail: beatrice.na@ssa.gov Attorneys for Defendant 11 UNITED STATES DISTRICT COURT 12 EASTERN DISTRICT OF CALIFORNIA 13 14 CYNTHIA SOKOLIK, 15 Plaintiff, 16 17 v. 18 NANCY A. BERRYHILL, Acting Commissioner of Social Security, 19 Defendant. ) ) ) ) ) ) ) ) ) ) ) ) Case No. 2:18-cv-01737-EFB JOINT STIPULATION TO VOLUNTARY REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. ยง 405(g); [PROPOSED] ORDER OF REMAND, AND ENTRY OF JUDGMENT 20 21 22 23 24 25 26 27 28 The parties hereby stipulate, through their respective counsel of record, that this action be remanded for further administrative action pursuant to section 205(g) of the Social Security Act, as amended, 42 U.S.C. section 405(g), sentence four. On remand, the Appeals Council will remand the case to an administrative law judge (ALJ) for a new decision. The Appeals Council will instruct the ALJ to evaluate whether Plaintiff has the residual functional capacity to perform her past relevant work and, if appropriate, obtain supplemental vocational expert testimony to assist in determining what jobs exist, if any, for Plaintiff given her vocational factors (age, education, and work experience) and 1 Joint Stip. & Prop. Order for Remand 18-cv-01737-EFB 1 residual functional capacity. The Appeals Council will instruct the ALJ to take further action, as 2 warranted, to complete the administrative record and resolve the above issues. 3 4 The parties 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. 5 Respectfully submitted, 6 7 Dated: February 22, 2019 /s/ Beatrice Na for Shellie Lott* (*Authorized via email on February 22, 2019) SHELLIE LOTT 8 9 Attorney for Plaintiff 10 11 Dated: February 22, 2019 MCGREGOR W. SCOTT United States Attorney 12 By: 14 /s/ Beatrice Na Beatrice Na Special Assistant United States Attorney 15 Attorneys for Defendant 13 16 17 18 ORDER 19 20 PURSUANT TO STIPULATION, IT IS SO ORDERED. 21 22 Dated: February 25, 2019 23 __________________________________ HONORABLE EDMUND F. BRENNAN United States Magistrate Judge 24 25 26 27 28 2 Joint Stip. & Prop. Order for Remand 18-cv-01737-EFB

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