Davis v. Commissioner of Social Security

Filing 22

STIPULATION and ORDER to Voluntary Remand and to Entry of Judgment signed by Magistrate Judge Gary S. Austin on 12/23/2013. CASE CLOSED.(Flores, E)

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BENJAMIN B. WAGNER
United States Attorney
DONNA L. CALVERT
Acting Regional Chief Counsel, Region IX
Social Security Administration
PATRICK WILLIAM SNYDER, CSBN 260690
Special Assistant United States Attorney

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160 Spear Street, Suite 800
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]
Attorneys for Defendant

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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SHANDA DAVIS,

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Plaintiff,

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v.

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

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Case No.: 1:13-cv-00454-GSA
ORDER AND STIPULATION TO
VOLUNTARY REMAND PURSUANT TO
SENTENCE FOUR OF 42 U.S.C.
§ 405(g) AND TO ENTRY OF JUDGMENT

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

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with the approval of the Court, that the Commissioner has agreed to a voluntary remand of this

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case for further administrative proceedings, pursuant to sentence four of 42 U.S.C. § 405(g).

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Upon remand, the Appeals Council will instruct the Administrative Law Judge to further

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evaluate whether the claimant can perform the physical and mental demands of her past relevant

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work as she actually performed this work or as generally performed in the national economy. If

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testimony of a VE is required, the ALJ must ensure either that the VE’s testimony is consistent

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with the DOT, or that there is an explanation for any inconsistency.

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As noted, this stipulation constitutes a remand under the fourth sentence of Section
205(g) of the Social Security Act. 42 U.S.C. § 405(g).

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Respectfully submitted,

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Date: December 10, 2013

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By:

/s/ Steven Rosales

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*Authorized by email on 12/10/13
Attorneys for Plaintiff

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Date: December 5, 2013

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

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By:

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/s/ Patrick William Snyder
PATRICK WILLIAM SNYDER
Special Assistant United States Attorney

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Attorneys for Defendant

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ORDER

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The Court adopts the parties’ stipulation. Accordingly, the matter is remanded pursuant

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to Sentence Four for further proceedings as outlined above.

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IT IS SO ORDERED.

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Dated:

December 23, 2013

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

DEAC_Signature-END:

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