(SS) Webber v. Commissioner of Social Security

Filing 22

STIPULATION and ORDER signed by Magistrate Judge Dennis M. Cota on 1/7/2021, REMANDING CASE to The Commissioner of Social Security for further proceedings pursuant to the Social Security Act § 205(g), as amended, 42 U.S.C. § 405(g), sentence four. CASE CLOSED.(Mena-Sanchez, L)

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Case 2:20-cv-00849-DMC Document 22 Filed 01/07/21 Page 1 of 2 6 McGREGOR W. SCOTT United States Attorney DEBORAH LEE STACHEL, CA SBN 230138 Regional Chief Counsel, Region IX Social Security Administration ELLINOR R. CODER, CA SBN 258258 Special Assistant United States Attorney 160 Spear Street, Suite 800 San Francisco, California 94105 Telephone: (415) 977-8955 Facsimile: (415) 744-0134 E-Mail: Ellinor.Coder@ssa.gov 7 Attorneys for Defendant 1 2 3 4 5 8 9 10 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 11 SACRAMENTO DIVISION 12 13 14 15 16 17 DELORES DIANN WEBBER, Plaintiff, v. ANDREW SAUL, Commissioner of Social Security, Defendant. 18 19 ) ) ) ) ) ) ) ) ) ) ) CIVIL NO. 2:20-cv-00849-DMC STIPULATION TO VOLUNTARY REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(g) AND TO ENTRY OF JUDGMENT; ORDER 20 21 IT IS STIPULATED by and between Plaintiff (“Plaintiff”) and Defendant Andrew Saul, 22 Commissioner of Social Security (“Defendant”), through their undersigned counsel of record, 23 that the above-entitled action shall be remanded to the Commissioner of Social Security for 24 further administrative proceedings. 25 Upon remand, the Office of Hearing Operations will remand the case to an 26 Administrative Law Judge (ALJ) for a new decision, and instruct the ALJ to re-evaluate the 27 evidence of record. The parties further request that the Court direct the Clerk of the Court to 28 enter a final judgment in favor of Plaintiff, and against Defendant, reversing the final decision of STIPULATION TO REMAND Case 2:20-cv-00849-DMC Document 22 Filed 01/07/21 Page 2 of 2 1 2 3 the Commissioner. This stipulation constitutes a remand under the fourth sentence of Section 205(g) of the Social Security Act, 42 U.S.C. 405(g). 4 5 Dated: January 5, 2021 /s/ Robert C. Weems* ROBERT C. WEEMS Attorney for Plaintiff *Authorized via e-mail on Jan. 5, 2021 6 7 8 MCGREGOR W. SCOTT United States Attorney DEBORAH LEE STACHEL Regional Chief Counsel, Region IX Social Security Administration 9 10 11 By: 13 /s/ Ellinor R. Coder ELLINOR R. CODER Special Assistant United States Attorney 14 Attorneys for Defendant 12 15 16 17 18 19 20 21 22 23 ORDER Based upon the parties’ Stipulation to Voluntary Remand Pursuant to Sentence Four of 42 U.S.C. § 405(g) and to Entry of Judgment, and for cause shown, IT IS ORDERED that the above-captioned action is remanded to the Commissioner of Social Security for further proceedings pursuant to the Social Security Act § 205(g), as amended, 42 U.S.C. § 405(g), sentence four. On remand, the Appeals Council will remand the case to an administrative law judge for a new decision in accordance with the parties’ Stipulation. 24 25 26 27 Dated: January 7, 2021 ____________________________________ DENNIS M. COTA UNITED STATES MAGISTRATE JUDGE 28 STIPULATION TO REMAND

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