Barnes v. Berryhill

Filing 11

ORDER Granting 8 Motion to Remand. Signed by Chief Judge Gloria M. Navarro on 10/1/2018. (Copies have been distributed pursuant to the NEF - MR)

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DAYLE ELIESON
United States Attorney
BLAINE T. WELSH
Chief, Civil Division
District of Nevada
BEN A PORTER WSBA No. 14195
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

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA (LAS VEGAS)

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J’LENE BARNES,
Plaintiff,

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

) Case No. 2:18-cv-00380-GMN-GWF
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) STIPULATION TO REMAND
) UNDER 405(g) SENTENCE 4
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TO THE HONORABLE GEORGE FOLEY, JR., MAGISTRATE JUDGE OF THE
UNITED STATES DISTRICT COURT:
IT IS HEREBY STIPULATED, by and between J'Lene Barnes (Plaintiff) and Nancy A.
Berryhill, Acting Commissioner of Social Security (Defendant), through their respective counsel
of record, that this action be remanded for further administrative action pursuant to section
205(g) of the Social Security Act, as amended, 42 U.S.C. section 405(g), sentence four.

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Stipulation Remand - 2:18-cv-00380-GMN-GWF

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

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new decision. Upon receipt of the Court’s remand order, the Appeals Council will direct the

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ALJ to try to obtain the complete Veterans Administration (VA) disability determinations,

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consider the new evidence, and re-evaluate the VA disability determinations.

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The parties further request that the Clerk of the Court be directed to enter a final

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judgment in favor of Plaintiff, and against Defendant, reversing the final decision of the

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Commissioner.

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Respectfully submitted,

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DAYLE ELIESON
United States Attorney

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DATE: July 5, 2018

/s/ Ben A. Porter
BEN A. PORTER
Special Assistant United States Attorney

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Stipulation Remand - 2:18-cv-00380-GMN-GWF

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CERTIFICATE OF SERVICE

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I, Ben A. Porter, certify that the following individuals were served with the foregoing

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STIPULATION TO REMAND UNDER 405(g) SENTENCE FOUR on the date and via the

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method of service identified below:

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CM/ECF:
Erik Berger
Osterhout Berger Disability Law, LLC
3744 Dupont Station Court South
Jacksonville, FL 32217
412-794-8003
Fax: [phone]
LEAD ATTORNEY
PRO HAC VICE
Hal Taylor
223 Marsh Avenue
Reno, NV 89509
775-825-2223
Fax: [phone]
Email: [e-mail]
LEAD ATTORNEY

Dated this 5th day of July 2018.

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/s/ Ben A. Porter
BEN A. PORTER
Special Assistant United States Attorney

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Stipulation Remand - 2:18-cv-00380-GMN-GWF

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DAYLE ELIESON
United States Attorney
BLAINE T. WELSH
Chief, Civil Division
District of Nevada

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BEN A PORTER WSBA No. 14195
Special Assistant United States Attorney
160 Spear Street, Suite 800
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]

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Attorneys for Defendant

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA (LAS VEGAS)

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No. 2:18-cv-00380-GMN-GWF

J’LENE BARNES
Plaintiff,

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v.

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NANCY A. BERRYHILL,
Acting Commissioner of Social
Security,

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[PROPOSED] ORDER AND
JUDGMENT FOR VOLUNTARY
REMAND PURSUANT TO SENTENCE
FOUR OF 42 U.S.C. § 405(g)

Defendant.

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The Court having approved the parties’ Stipulation to Voluntary Remand
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Pursuant to Sentence Four of 42 U.S.C. § 405(g) and to Entry of Judgment
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(“Stipulation”) lodged concurrent with the lodging of the within Judgment of
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Remand, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the
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above-captioned action is remanded to the Commissioner of Social Security for
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further proceedings consistent with the Stipulation.
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DATED this ___ day of October, 2018.
___________________________
Gloria M. Navarro, Chief Judge
United States District Court
Proposed Judgment for Voluntary Remand, 2:18-cv-00380-GMN-GWF
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