McKay v. Commissioner of Social Security Administration

Filing 18

Stipulation and ORDER REMANDING This Case; ORDER DIRECTING the Clerk of the Court to Close This Case, signed by Magistrate Judge Gary S. Austin on 5/12/2014. CASE CLOSED.(Marrujo, C)

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BENJAMIN B. WAGNER
United States Attorney
DONNA CALVERT
Acting Regional Chief Counsel, Region IX
Social Security Administration
THEOPHOUS H. REAGANS, CSBN 189450
Special Assistant United States Attorney
Social Security Administration, Region IX
160 Spear Street, Suite 800
San Francisco, California 94105
Tel: [phone]
Fax: [phone]
E-mail: [e-mail]

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Attorneys for Defendant

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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TRICIA MARIE MCKAY,
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Plaintiff,
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vs.
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CAROLYN W. COLVIN,
Acting Commissioner of Social
Security,

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Defendant
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Case No.: 1:13-CV-01094 GSA
STIPULATION AND ORDER
REMANDING THIS CASE
ORDER DIRECTING THE CLERK
OF THE COURT TO CLOSE THIS
CASE

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The parties, through their respective counsel, stipulate to a remand of the

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above-referenced case to the Commissioner of Social Security for further
administrative proceedings, pursuant to sentence four of 42 U.S.C. section 405(g).
On remand, the administrative law judge will update the record and further
consider Plaintiff’s maximum residual functional capacity. The ALJ will clarify
the residual functional capacity assessed during the period at issue. The ALJ will
obtain supplemental vocational expert testimony.
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Date: May 6, 2014

Cyrus Safa
(Authorized via email)
CYRUS SAFA
Attorney for Plaintiff

Dated: May 6, 2014

BENJAMIN B. WAGNER
United States Attorney

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Theophous H. Reagans
THEOPHOUS H. REAGANS
Special Assistant U.S. Attorney

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Attorneys for Defendant

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ORDER

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Pursuant to the above stipulation, this matter shall be remanded to the
Commissioner as authorized by sentence four of 42 U.S.C. § 405(g), for further
proceedings. On remand the ALJ will:
1) update the record and further consider Plaintiff’s maximum residual
functional capacity;

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2) The ALJ will clarify the residual functional capacity assessed during the
period at issue; and

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3) The ALJ will obtain supplemental vocational expert testimony.
The Clerk of the Court is directed to enter a final judgment in favor of
Plaintiff, Tricia Marie McCay, against Defendant, Carolyn W. Colvin, the
Commissioner of Social Security and close this case.

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IT IS SO ORDERED.

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Dated:

May 12, 2014

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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