Klein v. Commissioner of Social Security

Filing 21

ORDER Granting 18 Motion to Remand. IT IS FURTHER ORDERED that the Clerk of the Court shall enter a final judgment in favor of Plaintiff, and against Defendant. Signed by Magistrate Judge Carl W. Hoffman on 11/14/2017. (Copies have been distributed pursuant to the NEF - ADR)

Case 2:16-cv-02673-RFB-CWH Document 18-1 Filed 11/09/17 Page 1 of 2

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STEVEN W. MYHRE
Acting United States Attorney
District of Nevada
MARGARET BRANICK-ABILLA, CSBN 223600
Special Assistant United States Attorney
Social Security Administration, Region IX
160 Spear Street, Suite 800
San Francisco, California 94105
Tel: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendant

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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KARIN H. KLEIN,

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Plaintiff,

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vs.
NANCY A. BERRYHILL,1 Acting
Commissioner of Social Security,
Defendant.

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) Case No.: 2:16-cv-02673-RFB-CWH
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) [PROPOSED] ORDER
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Nancy A. Berryhill is now the Acting Commissioner of Social Security. Pursuant to Rule 25(d) of the Federal
Rules of Civil Procedure, Nancy A. Berryhill should automatically be substituted for Acting Commissioner
Carolyn W. Colvin as the defendant in this suit. See 42 U.S.C. § 405(g).

[Proposed] Order; 2:16-cv-02673-RFB-CWH

Case 2:16-cv-02673-RFB-CWH Document 18-1 Filed 11/09/17 Page 2 of 2

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Having considered Defendant’s Motion to Remand Pursuant to Sentence Four of 42 U.S.C.
§ 405(g) and for good cause shown,
IT IS ORDERED that the above-captioned matter be remanded to Defendant Nancy A. Berryhill,

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Acting Commissioner of Social Security, for further administrative proceedings. On remand, the

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Appeals Council will remand the case to an administrative law judge (ALJ) for a new decision. The

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Appeals Council will instruct the ALJ to further consider the medical evidence, including but not limited

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to the medical opinions, to obtain additional consultative examination(s) as necessary, to further evaluate

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Plaintiff’s residual functional capacity, to obtain additional vocational expert testimony if appropriate,
and to take further action as necessary to complete the administrative record.
IT IS FURTHER ORDERED that the Clerk of the Court shall enter a final judgment in favor of
Plaintiff, and against Defendant.

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November 14, 2017
DATE: _________________

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[Proposed] Order; 2:16-cv-02673-RFB-CWH

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HON. CARL W. HOFFMAN
UNITED STATES MAGISTRATE JUDGE