Filed: Jul. 03, 2019
Latest Update: Jul. 03, 2019
Summary: STIPULATION AND ORDER FOR REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. 405(g) AND REQUEST FOR ENTRY OF JUDGMENT IN FAVOR OF PLAINTIFF AND AGAINST DEFENDANT GARY S. AUSTIN , Magistrate Judge . IT IS HEREBY STIPULATED, by and between the parties 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 w
Summary: STIPULATION AND ORDER FOR REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. 405(g) AND REQUEST FOR ENTRY OF JUDGMENT IN FAVOR OF PLAINTIFF AND AGAINST DEFENDANT GARY S. AUSTIN , Magistrate Judge . IT IS HEREBY STIPULATED, by and between the parties 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 wi..
More
STIPULATION AND ORDER FOR REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(g) AND REQUEST FOR ENTRY OF JUDGMENT IN FAVOR OF PLAINTIFF AND AGAINST DEFENDANT
GARY S. AUSTIN, Magistrate Judge.
IT IS HEREBY STIPULATED, by and between the parties 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 instruct the administrative law judge (ALJ) to reevaluate whether medical improvement occurred as of February 2, 2017, which shall include evaluation of whether any signs, symptoms, or laboratory findings supported medical improvement; if necessary, reassess Plaintiff's maximum residual functional capacity; and, if warranted by the expanded record, obtain supplemental vocational expert evidence to clarify the effect of the assessed limitations on Plaintiff's ability to perform other work in the national economy. The Appeals Council will further instruct the ALJ to offer Plaintiff the opportunity for a hearing; take further action to complete the record; and issue a new decision.
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.
Respectfully submitted,
Dated: July 1, 2019
MARKUS R. URSTOEGER
Rockwell, Kelly & Duarte LLP
Attorney for Plaintiff
Dated: July 1, 2019. McGREGOR W. SCOTT
United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX
Social Security Administration
AMANDA SCHAPEL
Special Assistant U.S. Attorney
Attorneys for Defendant
In accordance with the stipulation above, the Clerk of Court is directed to enter judgment for Plaintiff and against Defendant.
IT IS SO ORDERED.
