BOYD v. BERRYHILL, 2:16-cv-01891-KJN. (2017)
Court: District Court, E.D. California
Number: infdco20170303a21
Visitors: 18
Filed: Mar. 02, 2017
Latest Update: Mar. 02, 2017
Summary: ORDER OF REMAND KENDALL J. NEWMAN , District Judge . Based upon the parties' Stipulation to Voluntary Remand Pursuant to Sentence Four of 42 U.S.C. 405(g) and to Entry of Judgment ("Stipulation to Remand") (ECF No. 15), and for cause shown, IT IS HEREBY ORDERED that the above-captioned action be remanded to the Acting Commissioner of Social Security for further proceedings consistent with the terms of the Stipulation to Remand. On remand, the Appeals Council will remand the case to an ad
Summary: ORDER OF REMAND KENDALL J. NEWMAN , District Judge . Based upon the parties' Stipulation to Voluntary Remand Pursuant to Sentence Four of 42 U.S.C. 405(g) and to Entry of Judgment ("Stipulation to Remand") (ECF No. 15), and for cause shown, IT IS HEREBY ORDERED that the above-captioned action be remanded to the Acting Commissioner of Social Security for further proceedings consistent with the terms of the Stipulation to Remand. On remand, the Appeals Council will remand the case to an adm..
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ORDER OF REMAND
KENDALL J. NEWMAN, District Judge.
Based upon the parties' Stipulation to Voluntary Remand Pursuant to Sentence Four of 42 U.S.C. § 405(g) and to Entry of Judgment ("Stipulation to Remand") (ECF No. 15), and for cause shown, IT IS HEREBY ORDERED that the above-captioned action be remanded to the Acting Commissioner of Social Security for further proceedings consistent with the terms of the Stipulation to Remand.
On remand, the Appeals Council will remand the case to an administrative law judge ("ALJ") with instructions to reevaluate the medical evidence of record, reassess Plaintiff's residual functional capacity, and obtain supplemental vocational expert testimony if needed. The ALJ will take any further action deemed necessary to develop the record and issue a new decision.
Furthermore, pursuant to the parties' request, the Clerk of Court is directed to enter final judgment in favor of Plaintiff, and against Defendant, reversing the final decision of the Commissioner, and shall close this case.
FootNotes
1. Nancy A. Berryhill is now the Acting Commissioner of Social Security. Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Nancy A. Berryhill should be substituted for Acting Commissioner Carolyn W. Colvin as the defendant in this suit. No further action needs to be taken to continue this suit by reason of the last sentence of section 205(g) of the Social Security Act, 42 U.S.C. § 405(g).
Source: Leagle
