Tamayo v. Saul, 1:19-cv-00317-GSA. (2020)
Court: District Court, E.D. California
Number: infdco20200116a83
Visitors: 8
Filed: Jan. 15, 2020
Latest Update: Jan. 15, 2020
Summary: STIPULATION FOR REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. 405(g) AND FOR ENTRY OF JUDGMENT GARY S. AUSTIN , Magistrate Judge . IT IS HEREBY STIPULATED, by and between Esbeyde Espinoza Tamayo (Plaintiff) and Andrew Saul, Commissioner of Social Security (the Commissioner or 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), sent
Summary: STIPULATION FOR REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. 405(g) AND FOR ENTRY OF JUDGMENT GARY S. AUSTIN , Magistrate Judge . IT IS HEREBY STIPULATED, by and between Esbeyde Espinoza Tamayo (Plaintiff) and Andrew Saul, Commissioner of Social Security (the Commissioner or 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), sente..
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STIPULATION FOR REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(g) AND FOR ENTRY OF JUDGMENT
GARY S. AUSTIN, Magistrate Judge.
IT IS HEREBY STIPULATED, by and between Esbeyde Espinoza Tamayo (Plaintiff) and Andrew Saul, Commissioner of Social Security (the Commissioner or 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.
On remand, the Commissioner will conduct any necessary further proceedings and issue a new decision with evidentiary support for the findings. When coming to a new decision, the Appeals Council will instruct the administrative law judge (ALJ) to re-evaluate Plaintiff's ability to make an adjustment to perform other work. The Appeals Council will instruct the ALJ that further evaluation and additional vocational expert testimony is required.
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.
Respectfully submitted,
McGREGOR W. SCOTT
United States Attorney
Dated: January 13, 2020 By: /s/ S. Wyeth McAdam
S. WYETH McADAM
Special Assistant United States Attorney
Dated: January 13, 2020 /s/ Laura Eve Krank
LAURA EVE KRANK
Law Offices of Lawrence D. Rohlfing
Counsel for Plaintiff
As authorized via email
IT IS SO ORDERED.
Source: Leagle
