Rea v. Comissioner of Social Security

Filing 16

Stipulation and ORDER for VOLUNTARY REMAND Pursuant to Sentence Four of 42 U.S.C. 405(g), signed by Magistrate Judge Sandra M. Snyder on 9/26/2013. CASE CLOSED. (Marrujo, C)

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BENJAMIN B. WAGNER
United States Attorney
DONNA L. CALVERT
Acting Regional Chief Counsel, Region IX
Social Security Administration
ANNABELLE J. YANG
Special Assistant United States Attorney
160 Spear Street, Suite 800
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]

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Attorneys for Defendant

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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FRESNO DIVISION

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EDWINA REA,

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Plaintiff,
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v.
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CAROLYN W. COLVIN1,
Acting Commissioner
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of Social Security,
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Defendant.
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____________________________________)

Case No. 1:13-CV-00106-SMS
STIPULATION AND ORDER FOR
VOLUNTARY REMAND PURSUANT TO
SENTENCE FOUR OF 42 U.S.C. § 405(g),

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IT IS HEREBY STIPULATED by and between the parties, through their undersigned

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attorneys, and with the approval of this 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).

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Upon remand, the Office of Disability Adjudication and Review will remand this case to
an Administrative Law Judge (ALJ) and direct him or her to provide Plaintiff with the

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opportunity for a de novo hearing, further develop the record, and issue a new decision.

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Specifically, the ALJ will evaluate the opinion of Norberto Tuason, M.D. and provide adequate

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rationale for accepting or rejecting his opinion. The ALJ will also further evaluate the opinion of

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Veronica De Alba, L.C.S.W. in accordance with Social Security Ruling 06-03p. If necessary,
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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 to 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).

Stip. & Prop. Order for Remand

Case No. 1:13-CV-00106-SMS

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the ALJ will further evaluate Plaintiff’s residual functional capacity and obtain supplemental
vocational expert testimony.

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Respectfully submitted,

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/s/ Kelsey Mackenzie Brown*
KELSEY MACKENZIE BROWN
(*as authorized via email on September 24, 2013)
Attorney at Law

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Attorney for Plaintiff

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Dated: September 24, 2013

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Dated: September 24, 2013

BENJAMIN B. WAGNER
United States Attorney
DONNA L. CALVERT
Acting Regional Chief Counsel, Region IX
Social Security Administration

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By:

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/s/ Annabelle J. Yang
ANNABELLE J. YANG
Special Assistant U.S. Attorney

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Attorneys for Defendant

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ORDER

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APPROVED AND SO ORDERED.

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DATED: 9/26/2013

/s/ SANDRA M. SNYDER
SANDRA M. SNYDER
UNITED STATES MAGISTRATE JUDGE

Stip. & Prop. Order for Remand

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Case No. 1:13-cv-00106-SMS