Dornay v. Commissioner of Social Security

Filing 46

ORDER REMANDING and ORDER DIRECTING ENTRY OF JUDGMENT signed by Magistrate Judge Jennifer L. Thurston on 1/9/2012. (Leon-Guerrero, A)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SUSIE DORNAY,

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Plaintiff,
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v.
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MICHAEL J. ASTRUE,
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Commissioner of Social Security,
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Defendant.
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_______________________________________ )

Case No.: 1:08-cv-00036 JLT
ORDER REMANDING THE MATTER
PURSUANT TO SENTENCE FOUR OF 42
U.S.C. § 405(g)
ORDER DIRECTING ENTRY OF JUDGMENT
IN FAVOR OF PLAINTIFF SUSIE DORNAY
AND AGAINST MICHAEL J. ASTRUE,
COMMISSIONER OF SOCIAL SECURITY

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Susie Dornay (“Plaintiff”) sought review of the administrative decision regarding Social

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Security benefits. On January 9, 2012, the parties stipulated to a voluntary remand of Plaintiff’s

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social security appeal for further administrative proceedings. (Doc. 54). Specifically, the parties

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stipulated as follows:

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Upon remand, the Office of Disability Adjudication and Review will remand the case to
an Administrative Law Judge (ALJ) and direct him to reconcile the subsequent allowance
with the ALJ’s prior denial in accordance with HALLEX I-5-3-17, Section III.B.2., and
take any further action necessary to complete the administrative record and issue a new
decision.

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(Doc. 54 at 1). Further, the parties noted, “This stipulation constitutes a remand under the fourth

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sentence of Section 205(g) of the Social Security Act, 42 U.S.C. § 405(g).” (Id. at 1-2).

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Based upon the foregoing, IT IS HEREBY ORDERED:

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The matter is REMANDED under four of 42 U.S.C. § 405(g); and

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2.

The Clerk of Court is DIRECTED to enter judgement in favor of Plaintiff Susie

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Dornay and against Defendant Michael J. Astrue, Commissioner of Social Security.

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IT IS SO ORDERED.

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Dated: January 9, 2012
9j7khi

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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