Ryan v. Colvin

Filing 22

STIPULATION AND ORDER FOR VOLUNTARY REMAND. Signed by Judge Richard Seeborg on 1/18/17. (cl, COURT STAFF) (Filed on 1/18/2017)

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1 2 3 4 5 6 7 8 BRIAN STRETCH United States Attorney DEBORAH L. STACHEL Regional Chief Counsel, Region IX Social Security Administration MARCELO ILLARMO, MA BBO 670079 Special Assistant United States Attorney Social Security Administration 160 Spear Street, Suite 800 San Francisco, CA 94105 Telephone: (415) 977-8944 Facsimile: (415) 744-0134 Email: Marcelo.Illarmo@ssa.gov Attorneys for Defendant 9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 12 GARY RYAN, 13 14 15 16 Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner of Social Security, 17 18 19 ) ) ) ) ) ) ) ) ) ) Case No. : 3:16-cv-3410-RS JOINT STIPULATION FOR VOLUNTARY REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(g) AND TO ENTRY OF JUDGMENT Defendant. IT IS HEREBY STIPULATED by and between the parties, through their undersigned 20 attorneys, and with the approval of the Court, that the Commissioner of Social Security has 21 agreed to a voluntary remand of this case pursuant to sentence four of 42 U.S.C. § 405(g). The 22 purpose of the remand is to offer Plaintiff a new decision. 23 On remand, the Commissioner will conduct any necessary further proceedings and issue 24 a new decision. The parties further request that the Clerk of the Court be directed to enter a final 25 judgment in favor of Plaintiff, and against Defendant, reversing the final decision of the 26 Commissioner. 27 28 Respectfully submitted, 1 2 3 4 Date: December 29, 2016, By: /s/ David Chermol DAVID CHERMOIL Attorney for Plaintiff *By email authorization on 12/27/16 5 6 7 Date: December 29, 2016 8 By: 9 10 BRIAN STRETCH United States Attorney /s/ Marcelo Illarmo MARCELO ILLARMO Special Assistant United States Attorney Attorneys for Defendant 11 12 13 14 15 16 17 18 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 (“Stipulation to Remand”), and for cause shown, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the above-captioned action is remanded to the Commissioner of Social Security for further proceedings consistent with the terms of the Stipulation to Remand. 19 20 21 22 23 24 25 26 27 28 DATED: 1/18/17 ________________________________ HONORABLE RICHARD SEEBORG UNITED STATES JUDGE

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