Filed: Sep. 12, 2019
Latest Update: Sep. 12, 2019
Summary: STIPULATION AND ORDER FOR REMAND PURSUANT TO SENTENCE FOUR OF THE SOCIAL SECURITY ACT GARY S. AUSTIN , Magistrate Judge . IT IS HEREBY STIPULATED, by and between Elva Huante (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,
Summary: STIPULATION AND ORDER FOR REMAND PURSUANT TO SENTENCE FOUR OF THE SOCIAL SECURITY ACT GARY S. AUSTIN , Magistrate Judge . IT IS HEREBY STIPULATED, by and between Elva Huante (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, t..
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STIPULATION AND ORDER FOR REMAND PURSUANT TO SENTENCE FOUR OF THE SOCIAL SECURITY ACT
GARY S. AUSTIN, Magistrate Judge.
IT IS HEREBY STIPULATED, by and between Elva Huante (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 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 the medical evidence, including, but not limited to, all medical-source opinion evidence concerning physical and mental impairments, and explain the weight given to the opinion evidence. The Appeals Council will instruct the ALJ to reassess Plaintiff's subjective statements about symptoms. The Appeals Council will instruct the ALJ to take further action, as warranted, to complete the administrative record and resolve the above issues.
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,
Dated: September 11, 2019 Jonathan Pena
JONATHAN PENA
Attorney for Plaintiff
(signature authorized via email on
September 11, 2019)
McGREGOR W. SCOTT
United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX
Social Security Administration
By: /s/ Carol S. Clark
CAROL S. CLARK
Special Assistant U.S. Attorney
Attorneys for Defendant
IT IS SO ORDERED.
