Beltran v. Commissioner of Social Security

Filing 13

Stipulation and ORDER for Remand pursuant to Sentence Four of 42:405(g) and Request for Entry of Judgment In Favor of Plaintiff and Against Defendant ; REMANDING CASE to Commissioner of Social Security, signed by Magistrate Judge Sandra M. Snyder on 8/1/14. Copy of remand order sent to other court electronicly. CASE CLOSED (Martin-Gill, S)

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BENJAMIN B. WAGNER
United States Attorney
DONNA L. CALVERT
Regional Chief Counsel, Region IX
Social Security Administration
JENNIFER LEE TARN, CSBN 240609
Special Assistant United States Attorney
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

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EASTERN DISTRICT OF CALIFORNIA

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FRESNO DIVISION

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JESUS AUGUSTINE BELTRAN,
Plaintiff,

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

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CIVIL NO. 1:13-CV0-2040-SMS
STIPULATION AND ORDER FOR
REMAND PURSUANT TO SENTENCE
FOUR OF 42 U.S.C. § 405(g), AND
REQUEST FOR ENTRY OF JUDGMENT
IN FAVOR OF PLAINTIFF AND AGAINST
DEFENDANT

IT IS HEREBY STIPULATED, by and between the parties, Jesus Augustine Beltran (Plaintiff)

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and the Acting Commissioner of Social Security (Defendant), through their respective counsel of

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record, that that this action be remanded to Defendant for further administrative action pursuant to

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section 205(g) of the Social Security Act, as amended, 42 U.S.C. § 405(g), sentence four.

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Upon remand, the Appeals Council will instruct the Administrative Law Judge to: (1) obtain
supplemental vocational expert evidence to identify jobs that are consistent with the Dictionary of

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Occupational Titles (DOT) or explain any deviation from the DOT; and (2) further address the issue of
Plaintiff’s illiteracy with specific reference to evidence of record in support of the finding.
The parties further request that the Clerk of the Court be directed to enter a final judgment in
favor of Plaintiff, and against Defendant, reversing the final decision of the Commissioner. Nothing in
this proposed order shall be taken to affect Plaintiff’s right to request Equal Access to Justice Act
attorney’s fees under 28 U.S.C. § 2412, or costs under 28 U.S.C. § 1920, or to prevent Defendant from
opposing any such requests.

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Respectfully submitted,

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Dated: August 1, 2014

/s/ Steven G. Rosales
STEVEN G. ROSALES
Attorney for Plaintiff
*By email authorization on August 1, 2014

Dated: August 1, 2014

BENJAMIN B. WAGNER
United States Attorney
DONNA L. CALVERT
Acting Regional Chief Counsel
Social Security Administration

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By

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/s/ Jennifer Lee Tarn
JENNIFER LEE TARN
Special Assistant U.S. Attorney
Attorneys for Defendant

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ORDER

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APPROVED AND SO ORDERED:
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DATED: 8/1/2014

/s/ SANDRA M . SNYDER
UNITED STATES MAGISTRATE JUDGE