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(SS) Osborne v. Commissioner of Social Security, 1:16-cv-01920-SKO. (2017)

Court: District Court, E.D. California Number: infdco20171220b14 Visitors: 18
Filed: Dec. 19, 2017
Latest Update: Dec. 19, 2017
Summary: STIPULATION AND ORDER FOR REMAND (Doc. 18) SHEILA K. OBERTO , Magistrate Judge . IT IS STIPULATED, by and between the parties, 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
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STIPULATION AND ORDER FOR REMAND

(Doc. 18)

IT IS STIPULATED, by and between the parties, 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 opinion evidence and Plaintiff's residual functional capacity, if necessary. The Appeals Council will instruct the ALJ to take further action, as necessary, 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.

ORDER

Based upon the parties' Stipulation for Remand pursuant to Sentence Four of 42 U.S.C. § 405(g) ("Stipulation for Remand") (Doc. 18), and for cause shown, IT IS ORDERED that the above-captioned action be REMANDED to the Commissioner of Social Security for further administrative proceedings consistent with the terms of the Stipulation for Remand.

The Clerk of the Court is hereby DIRECTED to (1) enter judgment in favor of Plaintiff Carmen Teresa Osborne and against Defendant Nancy A. Berryhill, Acting Commissioner of Social Security, and (2) administratively close this file.

IT IS SO ORDERED.

Source:  Leagle

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