Filed: Feb. 14, 2020
Latest Update: Feb. 14, 2020
Summary: STIPULATION AND ORDER FOR REMAND BARBARA A. McAULIFFE , Magistrate Judge . IT IS HEREBY STIPULATED, by and between the parties, Fidel Navarrete (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 reman
Summary: STIPULATION AND ORDER FOR REMAND BARBARA A. McAULIFFE , Magistrate Judge . IT IS HEREBY STIPULATED, by and between the parties, Fidel Navarrete (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..
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STIPULATION AND ORDER FOR REMAND
BARBARA A. McAULIFFE, Magistrate Judge.
IT IS HEREBY STIPULATED, by and between the parties, Fidel Navarrete (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), directing the ALJ to reevaluate the medical opinion evidence, clarify Plaintiff's education and ability to communicate in English, take action to further develop the record if warranted, 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 12, 2020 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
By: /s/ Jonathan Pena
JONATHAN PENA
Attorney for Plaintiff (signature authorized
by email on February 12, 2020)
ORDER
Pursuant to the stipulation of the parties, IT IS HEREBY ORDERED that this action be remanded to the Commissioner of Social Security for further administrative action consistent with the above stipulation. The Clerk of the Court is directed to enter a final judgment in favor of Plaintiff, and against Defendant, reversing the final decision of the Commissioner.
IT IS SO ORDERED.
