Boyd v. Saul, 2:18-cv-03152-AC. (2019)
Court: District Court, E.D. California
Number: infdco20190821a18
Visitors: 11
Filed: Aug. 20, 2019
Latest Update: Aug. 20, 2019
Summary: STIPULATION AND ORDER FOR REMAND TO AGENCY PURSUANT TO 42 U.S.C. SECTION 405(g) SENTENCE FOUR ALLISON CLAIRE , Magistrate Judge . IT IS HEREBY STIPULATED, by and between Dewayne R. Boyd (Plaintiff) and Andrew Saul, Commissioner Of Social Security (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 Appea
Summary: STIPULATION AND ORDER FOR REMAND TO AGENCY PURSUANT TO 42 U.S.C. SECTION 405(g) SENTENCE FOUR ALLISON CLAIRE , Magistrate Judge . IT IS HEREBY STIPULATED, by and between Dewayne R. Boyd (Plaintiff) and Andrew Saul, Commissioner Of Social Security (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 Appeal..
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STIPULATION AND ORDER FOR REMAND TO AGENCY PURSUANT TO 42 U.S.C. SECTION 405(g) SENTENCE FOUR
ALLISON CLAIRE, Magistrate Judge.
IT IS HEREBY STIPULATED, by and between Dewayne R. Boyd (Plaintiff) and Andrew Saul, Commissioner Of Social Security (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 instruct the Administrative Law Judge (ALJ) to reevaluate whether Plaintiff has past relevant work. The Appeals Council will further instruct the ALJ to reevaluate whether Plaintiff is capable of performing past relevant work, if any, and, if Plaintiff has no past relevant work or is incapable of performing past relevant work, evaluate whether Plaintiff can perform other work existing in significant numbers in the national economy.
Respectfully submitted,
LAW OFFICES OF LAWRENCE D. ROHLFING
By: /s/ Lawrence David Rohlfing*
LAWRENCE DAVID ROHLFING
Attorney for Plaintiff
[*As authorized by e-mail on August 16, 2019]
Dated: August 19, 2019.
McGREGOR W. SCOTT
United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX
By: /s/Sharon Lahey
SHARON LAHEY
Assistant Regional Counsel
ORDER
Pursuant to the parties' stipulation, IT IS SO ORDERED.
FootNotes
1. Andrew Saul is now the Commissioner of Social Security and is automatically substituted as a party pursuant to Fed. R. Civ. P. 25(d). See also section 205(g) of the Social Security Act (the Act), 42 USC 405(g) (action survives regardless of any change in the person occupying the office of Commissioner of Social Security).
Source: Leagle
