Bubna v. Berryhill

Filing 18

ORDER granting 17 Stipulation to Remand to Sentence Four of 42 USC 405(g); Signed by Magistrate Judge Cam Ferenbach on 11/1/2018. (Copies have been distributed pursuant to the NEF - JM)

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DAYLE ELIESON
United States Attorney
District of Nevada

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AMANDA SCHAPEL
California State Bar No. 271295
Special Assistant United States Attorney
160 Spear Street, Suite 800
San Francisco, CA 94105
Phone: [phone]
Email: [e-mail]

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Attorneys for Defendant

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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LAS VEGAS DIVISION
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WENDY W. BUBNA,
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Plaintiff,
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v.
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NANCY A. BERRYHILL,
Acting Commissioner of Social Security,
Defendant.

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Case No. 2:18-cv-00677-JCM-VCF
STIPULATION & ORDER TO REMAND
PURSUANT TO SENTENCE FOUR OF 42
U.S.C. § 405(g)

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IT IS HEREBY STIPULATED, by and between plaintiff Wendy W. Bubna (Plaintiff) and

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

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through their respective counsel of record, and with the approval of the Court, that this action be

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remanded for 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 further consider the nature, severity and
functional limitations related to the claimant’s CRPS in a manner consistent with Social Security
Ruling 03-02p; to reconsider the claimant’s ability to interact with others; to reassess the claimant’s

Stipulation & PO to Remand
Case No. 2:18-cv-00677-JCM-VCF
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maximum residual functional capacity; to reassess the claimant’s subjective complaints; if necessary,
to obtain supplemental evidence from a vocational expert and clarify any conflicts between the
testimony of the vocational expert and the Dictionary of Occupational Titles; to offer the claimant a
supplemental hearing; and to issue a new decision.
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.

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Respectfully submitted,

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Dated: October 31, 2018

RICHARD HARRIS LAW FIRM

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By: /s/ Joshua R. Harris*
JOSHUA R. HARRIS
Attorneys for Plaintiff
[*As authorized by e-mail on October 31, 2018]

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Dated: October 31, 2018

DAYLE ELIESON
United States Attorney

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By:
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/s/ Amanda Schapel
AMANDA SCHAPEL
Special Assistant United States Attorney
Attorneys for Defendant

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IT IS SO ORDERED:

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HON. CAM FERENBACH
UNITED STATES MAGISTRATE JUDGE

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11-1-2018

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DATED:

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Stipulation & PO to Remand
Case No. 2:18-cv-00677-JCM-VCF
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CERTIFICATE OF SERVICE

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I, Amanda Schapel, certify that the following individual was served a copy of the foregoing
STIPULATION & [PROPOSED] ORDER TO REMAND PURSUANT TO SENTENCE FOUR
OF 42 U.S.C. § 405(g) on October 31, 2018 via CM/ECF:

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Richard A Harris, Esq.
Richard Harris Law Firm
801 South Fourth Street
Las Vegas, NV 89101
Email: [e-mail]
Joshua R Harris, Esq.
Richard Harris Law Firm
801 South Fourth Street
Las Vegas, NV 89101
Email: [e-mail]
Dated this 31st day of October 2018.

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/s/ Amanda Schapel
AMANDA SCHAPEL
Special Assistant United States Attorney

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Stipulation & PO to Remand
Case No. 2:18-cv-00677-JCM-VCF

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