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Ruiz v. Berryhill, 2:17-cv-03036-JAD-VCF. (2018)

Court: District Court, D. Nevada Number: infdco20180802c17 Visitors: 6
Filed: Jul. 31, 2018
Latest Update: Jul. 31, 2018
Summary: STIPULATION TO VOLUNTARY REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. 405(g) AND TO ENTRY OF JUDGMENT FOR PLAINTIFF ECF Nos. 15, 19, 20 JENNIFER A. DORSEY , District Judge . IT IS HEREBY STIPULATED by and between the parties, through their undersigned attorneys, and with the approval of the Court, that the parties have agreed to a voluntary remand of this case pursuant to sentence four of 42 U.S.C. 405(g). On remand, the Appeals Council will remand the case to an administrative law j
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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

ECF Nos. 15, 19, 20

IT IS HEREBY STIPULATED by and between the parties, through their undersigned attorneys, and with the approval of the Court, that the parties have agreed to a voluntary remand of this case pursuant to sentence four of 42 U.S.C. § 405(g).

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 further evaluate the nature and severity of Plaintiff's ADHD and intellectual disorder. The Appeals Council will also instruct the ALJ to reevaluate the medical evidence, including, but not limited to, all medical-source opinion evidence concerning physical and mental impairments, and explain the weight given to the opinion evidence. The Appeals Council will instruct the ALJ to further evaluate Plaintiff's residual functional capacity. The Appeals Council will instruct the ALJ to obtain supplemental vocational expert testimony, as needed, to assist in determining what jobs exist, if any, for Plaintiff given his age, education, vocational factors and residual functional capacity and resolve any conflicts at step five of the sequential evaluation process.

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 on the parties' stipulation [ECF No. 20] and good cause appearing, IT IS SO ORDERED. All pending motions [ECF Nos. 15, 19] are DENIED as moot. TheIT IS SO ORDERED:Clerk of Court is directed to ENTER FINAL JUDGMENT in favor of the plaintiff and against the defendant, reversing the final decision of the Commissioner and CLOSE THIS CASE.

Source:  Leagle

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