Stewart v. Berryhill

Filing 23

STIPULATION AND ORDER VOUNTARILY REMANDING CASE. Signed by Chief Magistrate Judge Joseph C. Spero on 4/25/18. (klhS, COURT STAFF) (Filed on 4/25/2018)

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ALEX G. TSE, CSBN 152348
Acting United States Attorney
DEBORAH STACHEL, CSBN 230138
Regional Chief Counsel, Region IX
Social Security Administration
ELIZABETH FIRER, WISBN 1034148
Special Assistant United States Attorney
160 Spear Street, Suite 800
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]

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Attorneys for Defendant
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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DEMETRIA STEWART,
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Plaintiff,
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vs.
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NANCY A. BERRYHILL,
Acting Commissioner of
Social Security,

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Defendant.

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CIVIL NO. 3:17-cv-3586-JCS
STIPULATION FOR VOLUNTARY
REMAND PURSUANT TO SENTENCE
FOUR OF 42 U.S.C. § 405(g) AND FOR
ENTRY OF JUDGMENT

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IT IS HEREBY STIPULATED by and between Demetria Stewart (Plaintiff) and Nancy A.

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Berryhill (Defendant) through their respective counsel of record, that this action be remanded for

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further administrative action pursuant to sentence four of 42 U.S.C. § 405(g). On remand, the

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Commissioner will ensure that Plaintiff’s claim is analyzed under the applicable regulatory

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requirements. On remand, the Appeals Council will direct the ALJ to affirm the favorable portion of
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the hearing decision and instruct the Administrative Law Judge (ALJ) to conduct further proceedings to

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ascertain whether medical improvement occurred. The ALJ will offer the claimant a supplemental

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hearing and issue a new decision.

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Stipulation to Remand, 3:17-cv-3586-JCS

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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,
ALEX TSE
Acting United States Attorney

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Dated: April 20, 2018

By:

/s/ Elizabeth Firer
ELIZABETH FIRER
Special Assistant United States Attorney
Attorney for Defendant

By:

__/s/ Joanna Parnes* __
JOANNA PARNES
Bay Area Legal Aid
Attorney for Plaintiff
*(Authorized via email April 20, 2018)

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Of Counsel:
CAROL S. CLARK
Assistant Regional Counsel, SSA

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Dated: April 20, 2018

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ORDER

UNIT
ED

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Stipulation to Remand, 3:17-cv-3586-JCS

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RT

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pero

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BY: ____________________________________
seph C.
Judge Jo
HON. JOSEPH P. SPERO
UNITED STATES MAGISTRATE JUDGE
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April 25, 2018
DATED: ______________________

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IT IS SO ORDERED.
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S DISTRICT
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R NIA

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