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Salvati-Bryant v. Berryhill, 2:17-cv-01406-JAD-CWH. (2017)

Court: District Court, D. Nevada Number: infdco20171228884 Visitors: 5
Filed: Dec. 13, 2017
Latest Update: Dec. 13, 2017
Summary: STIPULATION FOR VOLUNTARY REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. 405(g) AND ORDER JENNIFER A. DORSEY , District Judge . IT IS HEREBY STIPULATED by and between the parties, through their undersigned attorneys, and with the approval of the Court, that the Commissioner of Social Security has agreed to a voluntary remand of this case pursuant to sentence four of 42 U.S.C. 405(g). The purpose of the remand is to offer Plaintiff a new hearing and decision. Upon remand to the defenda
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STIPULATION FOR VOLUNTARY REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(g) AND ORDER

IT IS HEREBY STIPULATED by and between the parties, through their undersigned attorneys, and with the approval of the Court, that the Commissioner of Social Security has agreed to a voluntary remand of this case pursuant to sentence four of 42 U.S.C. § 405(g). The purpose of the remand is to offer Plaintiff a new hearing and decision.

Upon remand to the defendant, the Office of Disability Adjudication and Review will remand this case to an Administrative Law Judge (ALJ) with instructions to convene another administrative hearing and reconsider whether Plaintiff remained capable of performing her past relevant work, or, in the alternative, other work that exists in significant numbers within the national economy. The ALJ will vacate the previous decision, take any further action deemed necessary to develop the record, reassess Plaintiff's RFC, and issue a new decision.

ORDER

Based on the parties' stipulation [ECF No. 18] and good cause appearing, IT IS HEREBY ORDERED that this matter is REMANDED under sentence four of 42 U.S.C. § 405(g) for a new hearing and decision. Upon remand, the Office of Disability Adjudication and Review must remand this case to an ALJ with instructions to vacate the prior decision, convene another administrative hearing and reconsider whether the plaintiff remained capable of performing her past relevant work or other work that exists in significant numbers within the national economy, and take any further action deemed necessary to develop the record, reassess plaintiff's RFC, and issue the new decision. The pending motion to remand [16] is DENIED as moot. The Clerk of Court is directed to CLOSE THIS CASE.

Source:  Leagle

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