Ruiz v. Berryhill

Filing 21

ORDER Granting 20 Stipulation for Voluntary Remand. IT IS SO ORDERED. All pending motions (ECF Nos. 15 , 19 ) are DENIED as moot. The Clerk of Court is directed to ENTER FINAL JUDGMENT in favor of the plaintiff and against the defendant, reversing the final decision of the Commissioner and CLOSE THIS CASE. Signed by Judge Jennifer A. Dorsey on 7/31/2018. (Copies have been distributed pursuant to the NEF - MR)

Case 2:17-cv-03036-JAD-VCF Document 20 Filed 07/31/18 Page 1 of 3

1
2
3
4
5
6
7
8

DAYLE ELIESON
United States Attorney
District of Nevada
JENNIFER A. KENNEY, SBN CA 241625
Special Assistant United States Attorney
160 Spear Street, Suite 800
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]
Attorneys for Defendant

9
10

UNITED STATES DISTRICT COURT

11

DISTRICT OF NEVADA

12

JAMES STEVEN RUIZ,

13

Plaintiff,

14

v.

15
16
17

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

)
) Case No. 2:17-cv-03036-JAD-VCF
)
)
STIPULATION TO VOLUNTARY
)
REMAND PURSUANT TO SENTENCE
)
FOUR OF 42 U.S.C. § 405(g) AND TO
)
ENTRY OF JUDGMENT FOR
)
PLAINTIFF
)
)
ECF Nos. 15, 19, 20
)

18
19

IT IS HEREBY STIPULATED by and between the parties, through their undersigned attorneys,

20

and with the approval of the Court, that the parties have agreed to a voluntary remand of this case

21

pursuant to sentence four of 42 U.S.C. § 405(g).

22

On remand, the Appeals Council will remand the case to an administrative law judge (ALJ) for a

23

new decision. The Appeals Council will instruct the ALJ to further evaluate the nature and severity of

24

Plaintiff’s ADHD and intellectual disorder. The Appeals Council will also instruct the ALJ to

25

reevaluate the medical evidence, including, but not limited to, all medical-source opinion evidence

26

concerning physical and mental impairments, and explain the weight given to the opinion evidence. The

-1-

Case 2:17-cv-03036-JAD-VCF Document 20 Filed 07/31/18 Page 2 of 3

1

Appeals Council will instruct the ALJ to further evaluate Plaintiff’s residual functional capacity. The

2

Appeals Council will instruct the ALJ to obtain supplemental vocational expert testimony, as needed, to

3

assist in determining what jobs exist, if any, for Plaintiff given his age, education, vocational factors and

4

residual functional capacity and resolve any conflicts at step five of the sequential evaluation process.

5
6

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.

7

Respectfully submitted this 31th day of July 2018.

8

DAYLE ELIESON
United States Attorney

9
10
11

/s/ Jenna Barson
JENNA BARSON
Attorney for Plaintiff

/s/ Jennifer A. Kenney
JENNIFER A. KENNEY
Special Assistant United States Attorney

12
13
14
15
16
17
18
19
20

OF COUNSEL:
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX
ORDER
Based on the parties' stipulation [ECF No. 20] and good cause appearing, IT IS SO ORDERED. All
IT IS SO ORDERED:
pending motions [ECF Nos. 15, 19] are DENIED as moot. The Clerk of Court is directed to ENTER
FINAL JUDGMENT in favor of the plaintiff and against the defendant, reversing the final decision of
the Commissioner and CLOSE THIS CASE.
UNITED STATES DISTRICT COURT JUDGE/
_________________________________
_______ MAGISTRATE JUDGE
_ _
_ _
UNITED STATES _________
U.S. District Judge Jennifer A Dorsey
t Judge Jennifer A.
d
if
ifer
DATED:
Dated: July 31, 2018

21
22
23
24
25
26

-2-