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)

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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-

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