Mildebrandt-Anderson v. Commissioner of Social Security
Filing
16
Stipulation to Voluntary Remand Pursuant to Sentence Four of 42 U.S.C. 405(g) and to Entry of Judgment; ORDER Thereon, signed by Magistrate Judge Sheila K. Oberto on 12/17/2013. CASE CLOSED. (Marrujo, C)
1
2
3
4
5
UNITED STATES DISTRICT COURT
6
EASTERN DISTRICT OF CALIFORNIA
7
8
FRESNO DIVISION
9
10
11
12
13
14
15
TRACY MILDEBRANDTANDERSON,
Plaintiff,
v.
CAROLYN W. COLVIN, Acting
Commissioner of Social Security,
16
17
Defendant.
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
No. 1:13-cv-00315-SKO
STIPULATION TO VOLUNTARY
REMAND PURSUANT TO
SENTENCE FOUR OF 42 U.S.C. §
405(g) AND TO ENTRY
OF JUDGMENT; ORDER THEREON
18
19
20
21
22
23
24
25
26
27
THE PARTIES HEREBY STIPULATE, through their undersigned attorneys
and subject to the approval of the Court, to voluntary remand of this case for
further administrative proceedings, pursuant to sentence four of 42 U.S.C.
§ 405(g).
Upon remand, the ALJ will hold a hearing to re-evaluate the medical source
opinions, including opinions of the State agency medical consultant and Plaintiff’s
treating physician (20 C.F.R. §§ 404.1527 and 416.927); reassess Plaintiff’s
residual functional capacity and provide rationale for the assessed limitations (20
C.F.R. §§ 404.1545 and 416.945); and obtain vocational expert testimony at Step
28
-1-
1
five (20 C.F.R. §§ 404.1566 and 416.966). The ALJ will further develop the
2
record as necessary.
3
Respectfully submitted,
4
5
Date: December 17, 2013
/s/ Manual Serpa
MANUEL SERPA
Attorney for Plaintiff
Date: December 17, 2013
BENJAMIN B. WAGNER
United States Attorney
6
7
8
9
/s/ Theophous H. Reagans
THEOPHOUS H. REAGANS
Special Assistant United States Attorney
Attorneys for Defendant
10
11
12
13
ORDER
14
15
Pursuant to the stipulation of the parties, IT IS HEREBY ORDERED that:
16
1.
This case is remanded to the agency pursuant to sentence four of 42
17
U.S.C. § 405(g) for further proceedings consistent with the parties'
18
stipulation;
19
20
2.
Judgment shall be entered in favor of Plaintiff; and
3.
This case shall be administratively closed.
21
22
23
24
25
IT IS SO ORDERED.
Dated:
December 17, 2013
/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE
26
27
28
-2-
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?