Simms v. Berryhill, 4:18-cv-05034-HSG. (2018)
Court: District Court, N.D. California
Number: infdco20181214b19
Visitors: 8
Filed: Nov. 13, 2018
Latest Update: Nov. 13, 2018
Summary: STIPULATION AND [PROPOSED] ORDER FOR REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. 405(g) HAYWOOD S. GILLIAM, JR. , District Judge . IT IS HEREBY STIPULATED, by and between plaintiff Veronica Lee Simms (Plaintiff) and Nancy A. Berryhill, Acting Commissioner of Social Security (the Commissioner or Defendant), through their respective counsel of record, and with the approval of the Court, that this action be remanded for further administrative proceedings pursuant to sentence four of
Summary: STIPULATION AND [PROPOSED] ORDER FOR REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. 405(g) HAYWOOD S. GILLIAM, JR. , District Judge . IT IS HEREBY STIPULATED, by and between plaintiff Veronica Lee Simms (Plaintiff) and Nancy A. Berryhill, Acting Commissioner of Social Security (the Commissioner or Defendant), through their respective counsel of record, and with the approval of the Court, that this action be remanded for further administrative proceedings pursuant to sentence four of 4..
More
STIPULATION AND [PROPOSED] ORDER FOR REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(g)
HAYWOOD S. GILLIAM, JR., District Judge.
IT IS HEREBY STIPULATED, by and between plaintiff Veronica Lee Simms (Plaintiff) and Nancy A. Berryhill, Acting Commissioner of Social Security (the Commissioner or Defendant), through their respective counsel of record, and with the approval of the Court, that this action be remanded for further administrative proceedings pursuant to sentence four of 42 U.S.C. § 405(g).
On remand, the Appeals Council will vacate the dismissal of Plaintiff's request for review of the Commissioner's denial of her application for benefits and reevaluate whether she established good cause for the untimely filing of her request for review. The Appeals Council shall consider all relevant evidence submitted by Plaintiff to the Appeals Council in determining whether good cause for late filing exists. If the Appeals Council determines that Plaintiff has established good cause, the Appeals Council will consider Plaintiff's request for review on the merits.
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
Pursuant to stipulation, IT IS SO ORDERED. The clerk is directed to enter judgment, remand the case to the Appeals Council and close the case.
Source: Leagle
