Lujan v. Commissioner of Social Security

Filing 20

ORDER REMANDING CASE Pursuant to Sentence Four of 42 USC 405(g) signed by Magistrate Judge Gary S. Austin on 1/4/2015. CASE CLOSED. (Jessen, A)

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1 2 3 4 5 6 7 8 BENJAMIN B. WAGNER United States Attorney DONNA L. CALVERT, IL SB 6191786 Acting Regional Chief Counsel, Region IX Social Security Administration TOVA WOLKING, CSBN 259782 Special Assistant United States Attorney 160 Spear Street, Suite 800 San Francisco, California 94105 Telephone: (415) 977-8980 Facsimile: (415) 744-0134 E-Mail: tova.wolking@ssa.gov Attorneys for Defendant 9 10 UNITED STATES DISTRICT COURT 11 EASTERN DISTRICT OF CALIFORNIA 12 FRESNO DIVISION 13 LISA KAY LUJAN, 14 15 16 17 18 ) ) ) ) ) ) ) ) ) ) Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant. Case No. 1:13-cv-02041-GSA STIPULATION AND ORDER REMANDING CASE ORDER DIRECTING THE CLERK OF THE COURT TO CLOSE CASE (Doc. No. 19) 19 20 IT IS HEREBY STIPULATED by and between the parties, through their undersigned 21 attorneys, and with the approval of the Court, that the Commissioner of Social Security has agreed 22 to a voluntary remand of this case pursuant to sentence four of 42 U.S.C. § 405(g). 23 Upon remand, the Office of Disability Adjudication and Review (ODAR) will remand this 24 case to an Administrative Law Judge (ALJ) for further development of the record and a new 25 26 decision. ODAR will also direct the ALJ to further evaluate Plaintiff’s impairments and residual functional capacity. It will direct the ALJ to further evaluate Plaintiff’s ability to perform her past 27 relevant work and obtain supplemental vocational expert testimony if necessary. 28 1 Respectfully submitted, 1 2 DATE: December 30, 2014 3 LAW OFFICES OF LAWRENCE D. ROHLFING By: 4 /s/ Young Cho YOUNG CHO Attorney for Plaintiff 5 6 DATE: December 30, 2014 7 BENJAMIN B. WAGNER United States Attorney By: 8 9 /s/ Tova D. Wolking TOVA D. WOLKING Special Assistant United States Attorney Attorneys for Defendant 10 ORDER 11 12 Pursuant to the above stipulation, this matter shall be remanded to the Commissioner as 13 authorized by sentence four of 42 U.S.C. § 405(g) for further proceedings consistent with the 14 parties’ joint stipulation and judgment shall be entered for Plaintiff. 15 On remand, the Administrative Law Judge shall further evaluate Plaintiff’s impairment and 16 residual functional capacity and Plaintiff’s ability to perform her past relevant work and shall 17 obtain supplemental vocational expert testimony, if necessary. 18 The Clerk of the Court is directed to enter final judgment in favor of Plaintiff Lisa Kay 19 Lujan against Defendant Carolyn W. Colvin, the Acting Commissioner of Social Security, and to 20 close this case. 21 IT IS SO ORDERED. 22 23 Dated: January 4, 2015 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 24 25 26 27 28 2

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