Stent v. Colvin
Filing
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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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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: jennifer.a.kenney@ssa.gov
Attorneys for Defendant
UNITED STATES DISTRICT COURT
Attorneys for Defendant
NORTHERN DISTRICT OF CALIFORNIA
Attorneys for Defendant
GARY STENT,
Plaintiff,
vs.
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NANCY A. BERRYHILL,
Acting Commissioner of
Social Security,
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Defendant.
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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
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TO THE HONORABLE JON S. TIGAR, DISTRICT JUDGE OF THE DISTRICT COURT:
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IT IS HEREBY STIPULATED, by and between Gary Stent (Plaintiff) and Nancy A. Berryhill,
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Acting Commissioner of Social Security (the Commissioner or Defendant), through their respective
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counsel of record, that this action be remanded for further administrative action pursuant to section
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205(g) of the Social Security Act, as amended, 42 U.S.C. § 405(g), sentence four.
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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
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Administrative Law Judge to obtain supplemental vocational expert testimony to determine if Plaintiff
Stip. & Proposed Order for Vol. Remand, 3:16-CV-07288-JST
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would have very little or no vocational adjustment to any other work in the national economy (20 C.F.R.
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Part 404, Subpart P, Appendix 2). In addition, the Administrative Law Judge will be instructed to
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further determine, based on Plaintiff’s vocational factors, if there are jobs that exist in significant
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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.
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Respectfully submitted,
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Date: June 15, 2017
By:
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/s/ * Terry LaPorte
TERRY LAPORTE
(*authorized by email on June 14, 2017)
Attorney for Plaintiff
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Date: June 15, 2017
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BRIAN STRETCH
United States Attorney
By:
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/s/ Jennifer A. Kenney
JENNIFER A. KENNEY
Special Assistant United States Attorney
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ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED:
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Dated: June 16, 2017
HON. JON S. TIGAR
UNITED STATES DISTRICT JUDGE
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Stip. & Proposed Order for Vol. Remand, 3:16-CV-07288-JST
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