Stent v. Colvin

Filing 16

STIPULATION AND ORDER re 15 STIPULATION WITH PROPOSED ORDER for Voluntary Remand Pursuant to Sentence Four of 42 U.S.C. 405(g) filed by Nancy A. Berryhill. Signed by Judge Jon S. Tigar on June 16, 2017. (wsn, COURT STAFF) (Filed on 6/16/2017)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 BRIAN STRETCH, SBN CA 163793 United States Attorney DEBORAH STACHEL, SBN CA 230138 Regional Chief Counsel, Region IX Social Security Administration JENNIFER KENNEY, SBN CA 241625 Special Assistant United States Attorney 160 Spear Street, Suite 800 San Francisco, California 94105 Telephone: (415) 977-8945 Facsimile: (415) 744-0134 E-Mail: Attorneys for Defendant UNITED STATES DISTRICT COURT Attorneys for Defendant NORTHERN DISTRICT OF CALIFORNIA Attorneys for Defendant GARY STENT, Plaintiff, vs. 16 NANCY A. BERRYHILL, Acting Commissioner of Social Security, 17 Defendant. 15 ) ) ) ) ) ) ) ) ) ) ) ) ) CIVIL NO. 3:16-CV-07288-JST STIPULATION FOR VOLUNTARY REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(g) AND [PROPOSED] ORDER 18 19 TO THE HONORABLE JON S. TIGAR, DISTRICT JUDGE OF THE DISTRICT COURT: 20 21 IT IS HEREBY STIPULATED, by and between Gary Stent (Plaintiff) and Nancy A. Berryhill, 22 Acting Commissioner of Social Security (the Commissioner or Defendant), through their respective 23 counsel of record, that this action be remanded for further administrative action pursuant to section 24 205(g) of the Social Security Act, as amended, 42 U.S.C. § 405(g), sentence four. 25 26 On remand, the Appeals Council will consider issuing a favorable decision. If based on its review, the Appeals Council determines it is unable to issue a favorable decision, then it will instruct the 27 28 Administrative Law Judge to obtain supplemental vocational expert testimony to determine if Plaintiff Stip. & Proposed Order for Vol. Remand, 3:16-CV-07288-JST 1 1 would have very little or no vocational adjustment to any other work in the national economy (20 C.F.R. 2 Part 404, Subpart P, Appendix 2). In addition, the Administrative Law Judge will be instructed to 3 further determine, based on Plaintiff’s vocational factors, if there are jobs that exist in significant 4 5 6 7 numbers that Plaintiff could perform. The parties further 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. 8 9 Respectfully submitted, 10 11 Date: June 15, 2017 By: 12 13 /s/ * Terry LaPorte TERRY LAPORTE (*authorized by email on June 14, 2017) Attorney for Plaintiff 14 15 Date: June 15, 2017 16 BRIAN STRETCH United States Attorney By: 17 /s/ Jennifer A. Kenney JENNIFER A. KENNEY Special Assistant United States Attorney 18 19 20 ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED: 21 22 23 Dated: June 16, 2017 HON. JON S. TIGAR UNITED STATES DISTRICT JUDGE 24 25 26 27 28 Stip. & Proposed Order for Vol. Remand, 3:16-CV-07288-JST 2

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