Slagel v. Commissioner of Social Security

Filing 24

ORDER on Stipulation for REMAND signed by Magistrate Judge Stanley A. Boone on 6/27/2016. CASE CLOSED. (Sant Agata, S)

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1 2 3 4 5 6 7 8 9 10 PHILLIP A. TALBERT Acting United States Attorney DEBORAH LEE STACHEL 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: Annabelle.Yang@ssa.gov Attorneys for Defendant UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION 11 12 13 14 15 16 17 18 LEILANI LOREN SLAGEL, ) ) Plaintiff, ) ) v. ) ) ) CAROLYN W. COLVIN, ) Acting Commissioner ) of Social Security, ) Defendant. ) ) ____________________________________) Case No. 1:13-CV-00857-SAB STIPULATION FOR REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(g) 19 20 21 22 23 24 25 26 27 28 IT IS HEREBY STIPULATED by the parties, through their undersigned attorneys, and with the approval of the Court, that the Commissioner has agreed to a voluntary remand of this case for further administrative proceedings pursuant to sentence four of section 205(g) of the Social Security Act, 42 U.S.C. § 405(g). 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 re-evaluate Plaintiff’s subjective complaints. The Appeals Council will also instruct the ALJ to evaluate whether Plaintiff has the residual functional capacity to perform a significant number of jobs in the national economy and, if appropriate, obtain supplemental vocational expert testimony to assist in determining what Case No. 1:13-CV-00857-SAB 1 jobs exist, if any, for Plaintiff given his age, education, vocational factors, and residual 2 functional capacity. The ALJ will take any further action the ALJ deems necessary to develop 3 the record and issue a new decision. Remand will be limited to the period before January 26, 4 2011, the date on which Plaintiff was previously found disabled. 5 6 Respectfully submitted, 7 8 Dated: June 27, 2016 9 Attorney for Plaintiff 10 11 /s/ Young Cho* YOUNG CHO (*as authorized via email) Attorney at Law Dated: June 27, 2016 12 Respectfully submitted, PHILLIP A. TALBERT Acting United States Attorney DEBORAH LEE STACHEL Acting Regional Chief Counsel, Region IX Social Security Administration 13 14 15 /s/ Annabelle J. Yang ANNABELLE J. YANG Special Assistant United States Attorney Attorneys for Defendant 16 17 ORDER 18 Based upon the parties’ IT IS ORDERED that the above-captioned action be remanded to the 19 20 Commissioner of Social Security for further proceedings consistent with the terms of the Stipulation 21 for Remand. 22 IT IS SO ORDERED. 23 24 Dated: June 27, 2016 UNITED STATES MAGISTRATE JUDGE 25 26 27 28 -2- Case No. 1:13-CV-00857-SAB

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