Kneeland v. Commissioner of Social Security

Filing 28

ORDER on Stipulation for Remand Pursuant to Sentence Four of 42 U.S.C. 405(g), and for Entry of Judgment in Favor of Plaintiff and Against Defendant, signed by Magistrate Judge Stanley A. Boone on 12/4/2014. CASE CLOSED. (Marrujo, C)

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1 2 3 4 5 6 Steven G. Rosales Attorney at Law: 222224 Law Offices of Lawrence D. Rohlfing 12631 East Imperial Highway, Suite C-115 Santa Fe Springs, CA 90670 Tel.: (562)868-5886 Fax: (562)868-5491 E-mail rohlfing.office@rohlfinglaw.com Attorneys for Plaintiff Tod Eric Kneeland 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 11 Case No. 1:13-cv-01774-SAB TOD ERIC KNEELAND, 12 Plaintiff, 13 14 15 v. COMMISSIONER OF SOCIAL SECURITY, ORDER ON STIPULATION FOR REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. ยง 405(g), AND FOR ENTRY OF JUDGMENT IN FAVOR OF PLAINTIFF AND AGAINST DEFENDANT (ECF No. 27) Defendant. 16 17 18 IT IS HEREBY STIPULATED, by and between the parties, through their respective 19 counsel of record, that this action be remanded to the Commissioner of Social Security for further 20 administrative action pursuant to section 205(g) of the Social Security Act, as amended, 42 21 U.S.C. 22 remand the case to an Administrative Law Judge (ALJ) for a new hearing and a new decision. 23 The Appeals Council will instruct the ALJ to update the medical record; obtain supplemental 24 vocational expert testimony; provide Tod E. Kneeland the opportunity for a new hearing; and 25 issue a new decision. 26 27 section 405(g), sentence four. Upon remand from the Court, the Appeals Council will The parties further request that the Clerk of the Court be directed to enter a final judgment in favor of Plaintiff, and against Defendant, Commissioner of Social Security, reversing the final 28 1 1 decision of the Commissioner. 2 3 Dated: December 2, 2014 Respectfully submitted, LAW OFFICES OF LAWRENCE D. ROHLFING 4 By: /s/ Steven G. Rosales STEVEN G. ROSALES Attorneys for Plaintiff 5 6 7 Dated: December 2, 2014 BENJAMIN WAGNER United States Attorney 8 By: /s/ Sharon Lahey SHARON LAHEY Special Assistant United States Attorney Attorney for Defendant 9 10 11 ORDER 12 Based on the stipulation of the parties, IT IS HEREBY ORDERED that: 13 14 1. This action is remanded back to the Commissioner for further proceedings 15 consistent with the stipulation of the parties; 16 2. 17 Judgment be entered in favor of Plaintiff Tod Eric Kneeland and against Defendant Commissioner of Social Security; 18 19 3. All outstanding motions are terminated; and 20 4. The Clerk of the Court is directed to CLOSE this action. 21 22 23 24 25 IT IS SO ORDERED. Dated: December 4, 2014 UNITED STATES MAGISTRATE JUDGE 26 27 28 2

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