Adela E. Gomez v. Nancy A. Berryhill

Filing 24

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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1 2 3 4 5 6 7 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 8 9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 12 ADELA E. GOMEZ 13 Plaintiff, 14 vs. 15 17 NANCY A. BERRYHILL, Acting Commissioner of Social Security, 18 Defendant. 16 ) ) ) ) ) ) ) ) ) ) ) ) ) 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 19 20 IT IS HEREBY STIPULATED, by and between Adela Gomez, (Plaintiff), and Nancy A. 21 Berryhill, Acting Commissioner of Social Security, (Defendant), through their respective counsel of 22 record, that this action be remanded for further administrative action pursuant to section 205(g) of the 23 Social Security Act, as amended, 42 U.S.C. section 405(g), sentence four. 24 25 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. 26 The Appeals Council will instruct the ALJ with the assistance of a vocational expert to re- 27 evaluate Plaintiff’s past relevant work and determine whether Plaintiff maintains the residual functional 28 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 1 1 sequential evaluation process and with the assistance of the vocational expert determine what jobs exist, 2 if any, for Plaintiff given her age, education, vocational factors and residual functional capacity. 3 4 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. 5 6 Respectfully submitted, 7 BRIAN J. STRETCH United States Attorney 8 9 10 Dated: December 20, 2017 11 By: /s/Richard M. Rodriguez RICHARD M. RODRIGUEZ Special Assistant United States Attorney Attorney for Defendant 12 13 Dated: December 20, 2017 14 15 16 /s/Jared T. Walker JARED T. WALKER, CSBN 269029 Attorney for Plaintiff* By Richard M. Rodriguez (*email authorization on December 20, 2017) 17 18 19 PURSUANT to the STIPULATION, IT IS SO ORDERED. 1/4/18 Dated: _________________ 20 21 22 23 ___________________________________ Hon. KANDIS A. WESTMORE United States Magistrate Judge 24 25 26 27 28 Stipulation re: extension, 4:17-cv-01473-KAW 2

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