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Melendez v. Berryhill, 2:18-cv-01833-EFB. (2019)

Court: District Court, E.D. California Number: infdco20190523961 Visitors: 15
Filed: May 21, 2019
Latest Update: May 21, 2019
Summary: STIPULATION FOR VOLUNTARY REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. 405(g) EDMUND F. BRENNAN , Magistrate Judge . IT IS HEREBY STIPULATED by and between the parties, through their undersigned attorneys, and with the approval of the Court, that the Commissioner of Social Security has agreed to a voluntary remand of this case pursuant to sentence four of 42 U.S.C. 405(g). The purpose of the remand is to offer Plaintiff a new decision. Upon remand, the Appeals Council will instruct
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STIPULATION FOR VOLUNTARY REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(g)

IT IS HEREBY STIPULATED by and between the parties, through their undersigned attorneys, and with the approval of the Court, that the Commissioner of Social Security has agreed to a voluntary remand of this case pursuant to sentence four of 42 U.S.C. § 405(g). The purpose of the remand is to offer Plaintiff a new decision.

Upon remand, the Appeals Council will instruct the Administrative Law Judge (ALJ) to reconsider Plaintiff's vision impairments, including the reevaluation of the opinions of consultative examiner Dr. James Reece, as well as State agency physician Dr. G. Taylor, and explain the weights given to these opinions. The ALJ should re-determine whether Plaintiff's vision impairments are severe, reassess Plaintiff's residual functional capacity, take any further action necessary to complete the record, and issue a new decision.

Respectfully submitted, Date: May 21, 2019 By: /s/Jesse S. Kaplan* JESSE S. KAPLAN * By email authorization on May 21, 2019 Attorney for Plaintiff Date: May 21, 2019 McGREGOR W. SCOTT United States Attorney By: /s/Michael K. Marriott MICHAEL K. MARRIOTT Special Assistant United States Attorney Attorneys for Defendant Of Counsel Jeffrey Chen Assistant Regional Counsel Social Security Administration

ORDER

APPROVED AND SO ORDERED. The Clerk is directed to enter judgment in favor of plaintiff accordingly.

Source:  Leagle

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