(SS) Swinhart v. Commissioner of Social Security

Filing 16

ORDER signed by Magistrate Judge Carolyn K. Delaney on 6/4/2021 ORDERING that this action is REMANDED to the Commissioner of Social Security for further proceedings consistent with the terms of the Stipulation to Remand Pursuant to Sentence Four of 42:405(g). CASE CLOSED(Reader, L)

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PHILLIP A. TALBERT
Acting United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX
Social Security Administration
SATHYA OUM, CSBN 255431
Special Assistant United States Attorney
Social Security Administration
160 Spear St., Suite 800
San Francisco, CA 94105
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Defendant

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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GARY RAYMOND SWINHART,
Plaintiff,
v.
ANDREW SAUL,
Commissioner of Social Security,
Defendant.

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No. 2:20-cv-01955-KJM-CKD
STIPULATION TO VOLUNTARY
REMAND PURSUANT TO
SENTENCE FOUR OF 42 U.S.C.
§ 405(g) AND TO ENTRY OF
JUDGMENT; ORDER

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

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with the approval of the Court, that this action be remanded for further administrative

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proceedings pursuant to sentence four of 42 U.S.C. section 405(g). On remand, the Appeals

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Council will remand the case to an administrative law judge (ALJ) for a new decision. The

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Appeals Council will instruct the ALJ to reevaluate the medical evidence, including, but not

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limited to, all medical-source opinion evidence and prior administrative medical findings,

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reassess the residual functional capacity, and if required, offer the claimant the opportunity for a

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new hearing and take further action, as warranted, to complete the administrative record.

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The parties further request that the Clerk of the Court be directed to enter a final

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judgment in favor of Plaintiff, and against Defendant, reversing the final decision of the

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Commissioner.

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Dated: June 2, 2021

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CHERMOL & FISHMAN, LLC
By:

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Dated: June 2, 2021

PHILLIP A. TALBERT
Acting United States Attorney

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By:

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/s/ Ashish A. Agrawal
ASHISH A. AGRAWAL
* By email authorization on May 27, 2021
Attorney for Plaintiff

/s/ Sathya Oum
Special Assistant United States Attorney
Attorneys for Defendant

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ORDER
Based upon the parties’ Stipulation to Voluntary Remand Pursuant to Sentence Four of 42

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U.S.C. § 405(g) and to Entry of Judgment (“Stipulation to Remand”), and for cause shown, IT

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IS ORDERED that the above-captioned action is remanded to the Commissioner of Social

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Security for further proceedings consistent with the terms of the Stipulation to Remand.

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Dated: June 4, 2021

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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE