Filed: Feb. 19, 2020
Latest Update: Feb. 19, 2020
Summary: STIPULATION & ORDER TO REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. 405(g) SHEILA K. OBERTO , Magistrate Judge . IT IS HEREBY STIPULATED, by and between plaintiff Robert Allen Dragon (Plaintiff) and Andrew Saul, Commissioner of Social Security (the Commissioner or Defendant), through their respective counsel of record, and with the approval of the Court, that this action be remanded for further administrative proceedings pursuant to sentence four of 42 U.S.C. 405(g). The Appeals Cou
Summary: STIPULATION & ORDER TO REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. 405(g) SHEILA K. OBERTO , Magistrate Judge . IT IS HEREBY STIPULATED, by and between plaintiff Robert Allen Dragon (Plaintiff) and Andrew Saul, Commissioner of Social Security (the Commissioner or Defendant), through their respective counsel of record, and with the approval of the Court, that this action be remanded for further administrative proceedings pursuant to sentence four of 42 U.S.C. 405(g). The Appeals Coun..
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STIPULATION & ORDER TO REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(g)
SHEILA K. OBERTO, Magistrate Judge.
IT IS HEREBY STIPULATED, by and between plaintiff Robert Allen Dragon (Plaintiff) and Andrew Saul, Commissioner of Social Security (the Commissioner or Defendant), through their respective counsel of record, and with the approval of the Court, that this action be remanded for further administrative proceedings pursuant to sentence four of 42 U.S.C. § 405(g).
The Appeals Council will remand the case to an administrative law judge (ALJ). On remand, the Appeals Council will instruct the ALJ to further evaluate Plaintiff's mental impairments; further consider the medical evidence, including but not limited to medical opinion evidence; reconsider Plaintiff's residual functional capacity as appropriate; take further action, as warranted, to complete the administrative record; complete the remaining steps of the sequential disability analysis as necessary; and 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.
Respectfully submitted,
Dated: February 18, 2020 PENA & BROMBERG, PLC
By: /s/ Jonathan O. Pena*
JONATHAN O. PENA
Attorneys for Plaintiff
[*As authorized by e-mail on Feb. 18, 2020]
Dated: February 19, 2020 McGREGOR W. SCOTT
United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX
Social Security Administration
By: /s/ Margaret Branick-Abilla
MARGARET BRANICK-ABILLA
Special Assistant United States Attorney
Attorneys for Defendant
ORDER
Based upon the parties' above "Stipulation & Order to Remand Pursuant to Sentence Four of 42 U.S.C. § 405(g)," (Doc. 20), and for good cause shown,
IT IS HEREBY ORDERED that the above-captioned action is REMANDED to the Commissioner of Social Security for further proceedings consistent with the terms of the stipulation.
The Clerk is hereby DIRECTED to: (1) enter judgment in favor of Plaintiff Robert Allen Dragon and against Defendant Andrew Saul, Commissioner of Social Security; and (2) administratively close the file.
IT IS SO ORDERED.
