Campos v. Berryhill

Filing 26

STIPULATION AND ORDER TO REMAND re 25 . Joint MOTION to Remand and Proposed Order filed by Nancy Berryhill, Jose Campos. ***Civil Case Terminated. Signed by Magistrate Judge Kandis A. Westmore on 2/26/18. (sisS, COURT STAFF) (Filed on 2/26/2018)

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1 2 3 4 5 6 7 ALEX TSE, CSBN 152348 Acting United States Attorney DEBORAH LEE STACHEL, CSBN 230138 Regional Chief Counsel, Region IX Social Security Administration GINA TOMASELLI, CSBN 267090 Special Assistant United States Attorney 160 Spear Street, Suite 800 San Francisco, California 94105 Telephone: (415) 268-5602 Facsimile: (415) 744-0134 E-Mail: Gina.Tomaselli@ssa.gov 8 9 10 11 Attorneys for Defendant UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JOSE CAMPOS, Plaintiff, v. NANCY BERRYHILL, Acting Commissioner of Social Security, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) Case No. 4:17-CV-02770-KAW STIPULATION AND PROPOSED ORDER FOR VOLUNTARY REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(g) 1 Plaintiff Jose Campos and Defendant Nancy A. Berryhill, Acting Commissioner of Social 2 Security (the Commissioner), stipulate, with the approval of this Court, to remand the above- 3 captioned case to the Commissioner, pursuant to sentence four of 42 U.S.C. § 405(g), for further 4 proceedings. 5 On remand, the Appeals Council will remand the case to an administrative law judge 6 (ALJ) for a new decision. The Appeals Council will instruct the ALJ to re-evaluate the medical 7 opinion evidence. The Appeals Council will instruct the ALJ to take further action, as 8 warranted, to complete the administrative record and resolve the above issues. 9 The parties further request that the Clerk of the Court be directed to enter a final 10 judgment in favor of Plaintiff, and against Defendant, reversing the final decision of the 11 Commissioner. 12 13 Respectfully submitted, Dated: February 21, 2018 By: 14 /s/ Nancy Katherine McCombs * Law Office of Nancy K. McCombs Attorney for Plaintiff 15 (*by email authorization on 2/21/18) 16 ALEX TSE Acting United States Attorney DEBORAH LEE STACHEL Regional Chief Counsel, Region IX Social Security Administration 17 18 19 20 22 /s/ Gina Tomaselli GINA TOMASELLI Special Assistant U.S. Attorney 23 Attorneys for Defendant 21 Dated: February 21, 2018 By: 24 25 IT IS SO ORDERED. 26 27 DATE: ________________________ 2/26/18 28 Stip. for Vol. Remand; No. 17-cv-02770 ________________________________ THE HONORABLE KANDIS A. WESTMORE UNITED STATES MAGISTRATE JUDGE

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