Lowe v. Berryhill

Filing 25

ORDER Granting 23 Stipulation to Remand for further administrative proceedings. On remand, the Appeals Council will remand the case to an administrative law judge (ALJ) for a new decision. Signed by Chief Judge Gloria M. Navarro on 3/20/2018. (Copies have been distributed pursuant to the NEF - SLD)

Case 2:17-cv-02619-GMN-VCF Document 23 Filed 03/19/18 Page 1 of 3

1
2

DAYLE ELIESON
United States Attorney
District of Nevada

6

MARGARET BRANICK-ABILLA, CSBN 223600
Special Assistant United States Attorney
160 Spear Street, Suite 800
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]

7

Attorneys for Defendant

3
4
5

8
9
UNITED STATES DISTRICT COURT
10
DISTRICT OF NEVADA
11
BOBBIE LOWE,
12
Plaintiff,
13
v.
14
15
16

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

)
)
)
)
)
)
)
)
)
)

Case No. 2:17-cv-02619-GMN-VCF
STIPULATION & [PROPOSED] ORDER TO
REMAND PURSUANT TO SENTENCE FOUR
OF 42 U.S.C. § 405(g)

17
18

IT IS HEREBY STIPULATED, by and between plaintiff Bobbie Lowe (Plaintiff) and Nancy

19

A. Berryhill, Acting Commissioner of Social Security (the Commissioner or Defendant), through their

20

respective counsel of record, and with the approval of the Court, that this action be remanded for

21
22
23
24
25

further administrative proceedings pursuant to sentence four of 42 U.S.C. § 405(g).
On remand, the Appeals Council will remand the case to an administrative law judge (ALJ) for
a new decision. The Appeals Council will instruct the ALJ to reevaluate Plaintiff’s mental
impairments and limitations. The Appeals Council will also instruct the ALJ to take further action, as
warranted, to complete the administrative record and to resolve the above issues.

26
Stipulation & PO
Case No. 2:17-cv-02619-GMN-VCF
-1-

Case 2:17-cv-02619-GMN-VCF Document 23 Filed 03/19/18 Page 2 of 3

1
2

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.

3
4
5

Respectfully submitted,
Dated: March 19, 2018

OSTERHOUT BERGER DISABILITY LAW, LLC

6
By: /s/ Hannalore Merritt*
HANNALORE MERRITT
Attorneys for Plaintiff
[*As authorized by e-mail on March 19, 2018]

7
8
9
10

Dated: March 19, 2018

DAYLE ELIESON
United States Attorney

11
By:

12
13
14

/s/ Margaret Branick-Abilla
MARGARET BRANICK-ABILLA
Special Assistant United States Attorney
Attorneys for Defendant
OF COUNSEL TO DEFENDANT:
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX

15
16
17
18

IT IS SO ORDERED:

19
20

20
Dated this ___ day of March, 2018.

21

Gloria M. Navarro, Chief Judge
UNITED STATES DISTRICT COURT

22
23
24
25
26
Stipulation & PO
Case No. 2:17-cv-02619-GMN-VCF
-2-

Case 2:17-cv-02619-GMN-VCF Document 23 Filed 03/19/18 Page 3 of 3

1

CERTIFICATE OF SERVICE

2
I, Margaret Branick-Abilla, certify that the following individual(s) was served with a copy of
3
the STIPULATION & [PROPOSED] ORDER TO REMAND PURSUANT TO SENTENCE
4
FOUR OF 42 U.S.C. § 405(g) on the date and via the method of service set forth below:
5
6
7
8

CM/ECF:
Hannalore Burns Merritt
Email: [e-mail]
Attorney for Plaintiff

9

11

Hal Taylor
Email: [e-mail]
Attorney for Plaintiff

12

Date: March 19, 2018

10

/s/ Margaret Branick-Abilla
MARGARET BRANICK-ABILLA
Special Assistant United States Attorney

13
14
15
16
17
18
19
20
21
22
23
24
25
26
Stipulation & PO
Case No. 2:17-cv-02619-GMN-VCF

-3-