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Tuell v. Saul, 1:18-cv-01624-SAB. (2019)

Court: District Court, E.D. California Number: infdco20190828878 Visitors: 4
Filed: Aug. 26, 2019
Latest Update: Aug. 26, 2019
Summary: STIPULATION FOR VOLUNTARY REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. 405(g) STANLEY A. BOONE , Magistrate Judge . IT IS HEREBY STIPULATED by the parties, through their undersigned attorneys, that this action be remanded to the Commissioner of Social Security for further administrative action pursuant to section 205(g) of the Social Security Act, as amended, 42 U.S.C. 405(g), sentence four. Upon remand, the Appeals Council will remand the case to an administrative law judge (ALJ) for
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STIPULATION FOR VOLUNTARY REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(g)

IT IS HEREBY STIPULATED by the parties, through their undersigned attorneys, that this action be remanded to the Commissioner of Social Security for further administrative action pursuant to section 205(g) of the Social Security Act, as amended, 42 U.S.C. § 405(g), sentence four.

Upon 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-source opinion evidence in accordance with the relevant agency regulations. The Appeals Council will also instruct the ALJ to reevaluate Plaintiff's subjective symptom testimony in accordance with 20 C.F.R. § 404.1529 and Social Security Ruling 16-3p. The ALJ will take any further action deemed necessary to develop the record and issue a new decision.

Respectfully submitted, Date: August 26, 2019 OSTERHOUT BERGER DISABILITY LAW By: /s/ Asim H. Modi for Erik W. Berger* ERIK W. BERGER *Authorized by email on August 26, 2019 Attorney for Plaintiff Dated: August 26, 2019 McGREGOR W. SCOTT United States Attorney DEBORAH LEE STACHEL Regional Chief Counsel, Region IX Social Security Administration By: /s/ Asim H. Modi ASIM H. MODI Special Assistant United States Attorney Attorneys for Defendant

ORDER

Pursuant to the stipulation of the parties, IT IS HEREBY ORDERED that this matter is remanded back to the Commissioner of Social Security for further proceedings consistent with the stipulation. It is FURTHER ORDERED that judgment be entered in favor of Plaintiff Debbie Dawn Tuell and against Defendant Commissioner of Social Security. The Clerk of the Court is directed to CLOSE this action.

IT IS SO ORDERED.

Source:  Leagle

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