Cleveland-Hayes v. Commissioner of Social Security

Filing 15

STIPULATION and ORDER to Voluntary Remand Pursuant to Sentence Six of 42 U.S.C. 405(g) signed by Magistrate Judge Jennifer L. Thurston on 3/25/2014. CASE CLOSED. (Jessen, A)

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BENJAMIN B. WAGNER
United States Attorney
DONNA L. CALVERT
Acting Regional Chief Counsel, Region IX,
Social Security Administration
PAUL SACHELARI, CSBN 230082
Special Assistant United States Attorney
Social Security Administration
160 Spear St., Suite 800
San Francisco, CA 94105
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Defendant
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
FRESNO DIVISION

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ANA M. CLEVELAND-HAYES,

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Plaintiff,
v.
CAROLYN W. COLVIN, Acting
Commissioner of Social Security,

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Defendant.

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Civil No. 1:13-cv-00962-JLT
STIPULATION AND PROPOSED ORDER
TO VOLUNTARY REMAND PURSUANT
TO SENTENCE SIX OF 42 U.S.C.
§ 405(g)

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

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the approval of the Court as provided below, that the Commissioner has agreed to a voluntary remand

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of this case pursuant to sentence six of 42 U.S.C. § 405(g).

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Defendant’s Office of Disability Adjudication and Review (ODAR) has requested remand
because it is unable to locate a portion of the record, and therefore is unable to create a certified
administrative record. Upon remand, if the missing documents can be located in a reasonable amount

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of time, ODAR will prepare the certified administrative record. If the documents cannot be located,
the Appeals Council will remand the case to an ALJ to reconstruct the administrative record, hold a
de novo hearing, and issue a new decision.

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Stip. Remand Sen. Six; 1:13-cv-00962-JLT

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

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Respectfully submitted,
Date: March 25, 2014

Law Office of Jonathan O. Pena

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By:

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/s/ Jonathan Omar Pena*
JONATHAN OMAR PENA
*By email authorization

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Attorney for Plaintiff
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BENJAMIN B. WAGNER
United States Attorney
DONNA L. CALVERT
Acting Regional Chief Counsel, Region IX,
Social Security Administration

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By:

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/s/ Paul Sachelari
PAUL SACHELARI
Special Assistant United States Attorney
Attorneys for Defendant

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ORDER

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Pursuant to the stipulation, the matter is ORDERED remanded pursuant to sentence six of 42
U.S.C. § 405(g).

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IT IS SO ORDERED.
Dated:

March 25, 2014

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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Stip. Remand Sen. Six; 1:13-cv-00962-JLT

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