Adela E. Gomez v. Nancy A. Berryhill
Filing
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STIPULATION AND ORDER re 23 STIPULATION WITH PROPOSED ORDER remanding for further administrative proceedings filed by Adela E. Gomez, Nancy A. Berryhill. Signed by Magistrate Judge Kandis A. Westmore on 1/4/18. (sisS, COURT STAFF) (Filed on 1/4/2018)
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BRIAN J. STRETCH, CSBN 163973
United States Attorney
DEBORAH LEE STACHEL, CSBN 230138
Regional Chief Counsel, Region IX
Social Security Administration
RICHARD M. RODRIGUEZ
Special Assistant United States Attorney
160 Spear Street, Suite 800
San Francisco, California 94105
Telephone: (415) 977-8926
Facsimile: (415) 744-0134
E-Mail: richard.rodriguez@ssa.gov
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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ADELA E. GOMEZ
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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. 4:17-cv-01473-KAW
STIPULATION AND PROPOSED
ORDER TO VOLUNTARY REMAND
PURSUANT TO SENTENCE FOUR
OF 42 U.S.C. § 405(g) AND TO ENTRY
OF JUDGMENT IN PLAINTIFF’S
FAVOR
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IT IS HEREBY STIPULATED, by and between Adela Gomez, (Plaintiff), and Nancy A.
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Berryhill, Acting Commissioner of Social Security, (Defendant), through their respective counsel of
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record, that this action be remanded for further administrative action pursuant to section 205(g) of the
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Social Security Act, as amended, 42 U.S.C. section 405(g), sentence four.
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On remand, the Appeals Council will remand the case to an administrative law judge (ALJ) for
a new hearing and decision for the purpose of correcting the errors raised by Plaintiff in this action.
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The Appeals Council will instruct the ALJ with the assistance of a vocational expert to re-
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evaluate Plaintiff’s past relevant work and determine whether Plaintiff maintains the residual functional
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capacity to perform any of her past relevant work. If appropriate, the ALJ will continue with the
Stipulation re: extension, 4:17-cv-01473-KAW
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sequential evaluation process and with the assistance of the vocational expert determine what jobs exist,
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if any, for Plaintiff given her age, education, vocational factors and residual functional capacity.
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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,
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BRIAN J. STRETCH
United States Attorney
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Dated: December 20, 2017
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By: /s/Richard M. Rodriguez
RICHARD M. RODRIGUEZ
Special Assistant United States Attorney
Attorney for Defendant
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Dated: December 20, 2017
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/s/Jared T. Walker
JARED T. WALKER, CSBN 269029
Attorney for Plaintiff*
By Richard M. Rodriguez
(*email authorization on December 20, 2017)
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PURSUANT to the STIPULATION, IT IS SO ORDERED.
1/4/18
Dated: _________________
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___________________________________
Hon. KANDIS A. WESTMORE
United States Magistrate Judge
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Stipulation re: extension, 4:17-cv-01473-KAW
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