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Barnes v. Berryhill, 2:18-cv-00380-GMN-GWF. (2018)

Court: District Court, D. Nevada Number: infdco20181004i13 Visitors: 19
Filed: Oct. 01, 2018
Latest Update: Oct. 01, 2018
Summary: STIPULATION TO REMAND UNDER 405(g) SENTENCE 4 GEORGE FOLEY, JR. , Magistrate Judge . IT IS HEREBY STIPULATED, by and between J'Lene Barnes (Plaintiff) and Nancy A. Berryhill, Acting 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 remand the case t
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STIPULATION TO REMAND UNDER 405(g) SENTENCE 4

IT IS HEREBY STIPULATED, by and between J'Lene Barnes (Plaintiff) and Nancy A. Berryhill, Acting 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 remand the case to an administrative law judge (ALJ) for a new decision. Upon receipt of the Court's remand order, the Appeals Council will direct the ALJ to try to obtain the complete Veterans Administration (VA) disability determinations, consider the new evidence, and re-evaluate the VA disability determinations.

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.

[PROPOSED] ORDER AND JUDGMENT FOR VOLUNTARY REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(g)

The Court having approved the parties' Stipulation to Voluntary Remand Pursuant to Sentence Four of 42 U.S.C. § 405(g) and to Entry of Judgment ("Stipulation") lodged concurrent with the lodging of the within Judgment of Remand, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the above-captioned action is remanded to the Commissioner of Social Security for further proceedings consistent with the Stipulation.

Source:  Leagle

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