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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1 2 3 4 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: (415) 977-8946 Facsimile: (415) 744-0134 E-Mail: 5 6 7 8 Attorneys for Defendant 9 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 FRESNO DIVISION 11 12 13 14 15 16 17 18 EDWINA REA, ) ) Plaintiff, ) ) v. ) ) ) ) CAROLYN W. COLVIN1, Acting Commissioner ) of Social Security, ) Defendant. ) ) ____________________________________) Case No. 1:13-CV-00106-SMS STIPULATION AND ORDER FOR VOLUNTARY REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(g), 1 19 IT IS HEREBY STIPULATED by and between the parties, through their undersigned 20 21 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). 22 23 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 24 opportunity for a de novo hearing, further develop the record, and issue a new decision. 25 Specifically, the ALJ will evaluate the opinion of Norberto Tuason, M.D. and provide adequate 26 rationale for accepting or rejecting his opinion. The ALJ will also further evaluate the opinion of 27 28 Veronica De Alba, L.C.S.W. in accordance with Social Security Ruling 06-03p. If necessary, 1 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 1 the ALJ will further evaluate Plaintiff’s residual functional capacity and obtain supplemental vocational expert testimony. 2 3 Respectfully submitted, 4 6 /s/ Kelsey Mackenzie Brown* KELSEY MACKENZIE BROWN (*as authorized via email on September 24, 2013) Attorney at Law 7 Attorney for Plaintiff 5 Dated: September 24, 2013 8 9 Dated: September 24, 2013 BENJAMIN B. WAGNER United States Attorney DONNA L. CALVERT Acting Regional Chief Counsel, Region IX Social Security Administration 10 11 By: 12 13 /s/ Annabelle J. Yang ANNABELLE J. YANG Special Assistant U.S. Attorney 14 Attorneys for Defendant 15 ORDER 16 17 APPROVED AND SO ORDERED. 18 19 DATED: 9/26/2013 /s/ SANDRA M. SNYDER SANDRA M. SNYDER UNITED STATES MAGISTRATE JUDGE Stip. & Prop. Order for Remand 2 20 21 22 23 24 25 26 27 28 Case No. 1:13-cv-00106-SMS

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