Crosby v. Commissioner of Social Security

Filing 24

STIPULATION AND ORDER for Voluntary REMAND pursuant to Sentence Four of 42 USC 405(g);REMANDING CASE to Commissioner of Social Security; Copy of remand order sent to other court, signed by Magistrate Judge Sheila K. Oberto on 4/15/13. CASE CLOSED(Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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FRESNO DIVISION

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LATANYA DENISE CROSBY,

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Plaintiff,

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v.

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CAROLYN W. COLVIN,
Acting Commissioner of Social Security,1

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Case No.: 1:12-CV-00960-SKO
STIPULATION AND ORDER FOR
VOLUNTARY REMAND PURSUANT TO
SENTENCE FOUR OF 42 U.S.C. § 405(g)

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Defendant.

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The parties, through their respective counsel of record, hereby stipulate that the

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Commissioner of Social Security has agreed to a voluntary remand of this case pursuant to

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sentence four of 42 U.S.C. § 405(g).

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On remand the Administrative Law Judge shall: hold a new hearing at which Plaintiff

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may testify regarding her limitations, reevaluate Plaintiff’s credibility and subjective complaints,

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reevaluate the medical source opinions of Nicholas J. Orme, M.D. at pages 237-40 of the

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Carolyn W. Colvin became the Acting Commissioner of Social Security on February 14, 2013.
Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Carolyn W. Colvin should be
substituted for Michael J. Astrue as the defendant in this suit. No further action need be taken to
continue this suit by reason of the last sentence of section 205(g) of the Social Security Act, 42
U.S.C. § 405(g).
Stipulation and Order for Vol. Remand, 1:12-CV-00960-SKO

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administrative record, reassess the claimant’s residual functional capacity, and, if necessary,

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obtain supplemental vocational expert testimony.

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Respectfully submitted,

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LAW OFFICES OF LAWRENCE D. ROHLFING

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Dated: April 10, 2013
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By:

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/s/ Cyrus Safa*
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*By telephonic authorization on April 8, 2013
CYRUS SAFA

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Attorneys for Plaintiff

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Dated: April 10, 2013

BENJAMIN B. WAGNER
United States Attorney
GRACE M. KIM
Regional Chief Counsel, Region IX
Social Security Administration

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By:

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/s/ Cynthia B. De Nardi
CYNTHIA B. DE NARDI
Special Assistant U.S. Attorney

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Attorneys for Defendant

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IT IS SO ORDERED.
Dated:

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April 15, 2013

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

DEAC_Signature-END:

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Stipulation and Order for Vol. Remand, 1:12-CV-00960-SKO

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