Shanahan v. Berryhill, 2:18-cv-00484-EFB. (2018)
Court: District Court, E.D. California
Number: infdco20181011a28
Visitors: 23
Filed: Oct. 10, 2018
Latest Update: Oct. 10, 2018
Summary: STIPULATION TO VOLUNTARY REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. 405(g) AND TO ENTRY OF JUDGMENT FOR PLAINTIFF; [PROPOSED] ORDER EDMUND F. BRENNAN , Magistrate Judge . IT IS HEREBY STIPULATED by and between the parties, through their undersigned attorneys, that this action be remanded for further administrative action pursuant to the Social Security Act 205(g), as amended, 42 U.S.C. 405(g), sentence four. On remand, the Appeals Council will remand the case to an administr
Summary: STIPULATION TO VOLUNTARY REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. 405(g) AND TO ENTRY OF JUDGMENT FOR PLAINTIFF; [PROPOSED] ORDER EDMUND F. BRENNAN , Magistrate Judge . IT IS HEREBY STIPULATED by and between the parties, through their undersigned attorneys, that this action be remanded for further administrative action pursuant to the Social Security Act 205(g), as amended, 42 U.S.C. 405(g), sentence four. On remand, the Appeals Council will remand the case to an administra..
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STIPULATION TO VOLUNTARY REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(g) AND TO ENTRY OF JUDGMENT FOR PLAINTIFF; [PROPOSED] ORDER
EDMUND F. BRENNAN, Magistrate Judge.
IT IS HEREBY STIPULATED by and between the parties, through their undersigned attorneys, that this action be remanded for further administrative action pursuant to the Social Security Act § 205(g), as amended, 42 U.S.C. § 405(g), sentence four.
On remand, the Appeals Council will remand the case to an administrative law judge (ALJ) for further proceedings and a new decision. The Appeals Council will instruct the ALJ to perform the requisite "comparison of prior and current medical evidence" using the medical evidence underlying the prior ALJ decision dated November 13, 2009 (the comparison point decision), pursuant to 20 C.F.R. §§ 404.1594(b)(7), (c)(1).
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
APPROVED AND SO ORDERED.
Source: Leagle
