(SS) Flooreich v. Commissioner of Social Security

Filing 14

STIPULATION and ORDER signed by Magistrate Judge Allison Claire on 11/17/2020 REMANDING this action to the Commissioner of Social Security for further administrative action. CASE CLOSED. (Huang, H)

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Case 2:20-cv-00727-AC Document 14 Filed 11/18/20 Page 1 of 2 1 2 3 4 5 6 McGREGOR W. SCOTT United States Attorney DEBORAH LEE STACHEL Regional Chief Counsel DANIEL P. TALBERT Special Assistant United States Attorney Social Security Administration 160 Spear Street, Suite 800 San Francisco, CA 94105 Telephone: (415) 977-8995 Facsimile: (415) 744-0134 Attorneys for Defendant 7 8 9 10 UNITED STATES DISTRICT COURT 11 EASTERN DISTRICT OF CALIFORNIA 12 SACRAMENTO DIVISION 13 14 STEVE DANIEL FLOOREICH, No. 2:20-cv-00727-AC Plaintiff, 15 16 v. 17 ANDREW SAUL, Commissioner of Social Security, 18 STIPULATION AND PROPOSED ORDER TO REMAND FOR FURTHER PROCEEDINGS PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(g), AND FOR ENTRY OF JUDGMENT IN FAVOR OF PLAINTIFF Defendant. 19 20 The parties stipulate by counsel that this action be remanded to the Commissioner of 21 Social Security for further administrative action pursuant to section 205(g) of the Social Security 22 Act, as amended, 42 U.S.C. § 405(g), sentence four. 23 Upon remand, the Appeals Council will instruct the Administrative Law Judge to 24 reevaluate the opinions of record, including those of Drs. Abrahimi and Kessler; reassess 25 Plaintiff’s residual functional capacity; and proceed with the sequential evaluation as necessary. 26 The parties further request that the Clerk of the Court be directed to enter a final judgment in 27 favor of Plaintiff, and against Defendant, reversing the final decision of the Commissioner. 28 Respectfully submitted November 16, 2020. Case 2:20-cv-00727-AC Document 14 Filed 11/18/20 Page 2 of 2 1 2 DATED: November 16, 2020 /s/ Marc Kalagian MARC KALAGIAN (as authorized by email) Attorney for Plaintiff 3 4 McGREGOR W. SCOTT United States Attorney 5 6 DATED: November 16, 2020 7 8 By s/ Daniel P. Talbert DANIEL P. TALBERT Special Assistant United States Attorney Attorneys for Defendant 9 ORDER 10 11 12 Pursuant to stipulation, it is so ordered. DATED: November 17, 2020 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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