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Herrera v. Berryill, 1:16-cv-01458-EPG. (2017)

Court: District Court, E.D. California Number: infdco20170829733 Visitors: 12
Filed: Aug. 28, 2017
Latest Update: Aug. 28, 2017
Summary: STIPULATION FOR VOLUNTARY REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. 405(g) AND FOR ENTRY OF JUDGMENT ERICA P. GROSJEAN , Magistrate Judge . IT IS HEREBY STIPULATED, by and between Maximino Lopez Herrera (Plaintiff) and Nancy A. Berryhill, Acting Commissioner of Social Security (the Commissioner or 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
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STIPULATION FOR VOLUNTARY REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(g) AND FOR ENTRY OF JUDGMENT

IT IS HEREBY STIPULATED, by and between Maximino Lopez Herrera (Plaintiff) and Nancy A. Berryhill, Acting Commissioner of Social Security (the Commissioner or 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 Commissioner will conduct any necessary further proceedings including developing additional evidence, and issue a new decision in compliance with the regulations and with evidentiary support for the findings.

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, this action is 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 Commissioner will conduct any necessary further proceedings including developing additional evidence, and issue a new decision in compliance with the regulations and with evidentiary support for the findings.

The Clerk of the Court is directed to enter a final judgment in favor of Plaintiff, and against Defendant, reversing the final decision of the Commissioner.

IT IS SO ORDERED.

Source:  Leagle

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