Sierra v. Commissioner of Social Security

Filing 14

STIPULATION to Voluntary Remand Pursuant to Sentence Four of 42 U.S.C. § 405(g) and to Entry of Judgment, signed by Magistrate Judge Sandra M. Snyder on 8/12/14. (CASE CLOSED)(Hellings, J)

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1 2 3 4 5 6 7 8 BENJAMIN B. WAGNER United States Attorney DONNA L. CALVERT Regional Chief Counsel, Region IX Social Security Administration PAUL SACHELARI, CSBN 230082 Special Assistant United States Attorney 160 Spear Street, Suite 800 San Francisco, CA 94105 Telephone: 415-977-8933 Facsimile: 415-744-0134 Email: Attorneys for Defendant 9 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION 10 11 12 13 14 15 16 17 18 19 ALEXANDER SIERRA, ) ) Plaintiff, ) ) v. ) ) ) CAROLYN W. COLVIN, ) Acting Commissioner of ) Social Security, ) ) Defendant. ) ___________________________________ ) Civil No. 1:14-CV-00081-SMS STIPULATION TO VOLUNTARY REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(g) AND TO ENTRY OF JUDGMENT; ORDER THEREON 20 21 THE PARTIES HEREBY STIPULATE, through their undersigned attorneys and with the 22 approval of the Court, that Defendant has agreed to a voluntary remand of this case pursuant to sentence 23 four of 42 U.S.C. § 405(g). The purpose of the remand is to offer Plaintiff a new hearing and decision. 24 Upon remand, the Office of Disability Adjudication and Review will remand this case to an 25 Administrative Law Judge (ALJ) and direct him or her to further evaluate Plaintiff’s residual functional 26 capacity, including Plaintiff’s postural limitations. Furthermore, the ALJ will re-evaluate Plaintiff’s 27 credibility and will consider additional medical evidence he submits, if any, in support of his claim. If 28 the ALJ finds Plaintiff unable to perform any of his past relevant jobs, and his functional limitations Remand Stip.; 1:14-cv-00081-SMS 1 1 significantly erode the occupational base of work at the functional levels contemplated by the Medical2 Vocational Guidelines, the ALJ will obtain vocational expert testimony regarding whether there is other 3 work that Plaintiff could perform. Finally, the ALJ will take any other actions he or she deems 4 necessary to make a decision. 5 As noted, this stipulation constitutes a remand under the fourth sentence of Section 205(g) of the 6 Social Security Act. 42 U.S.C. § 405(g). 7 Respectfully submitted, 8 9 Date: August 8, 2014 LAW OFFICES OF LAWRENCE D. ROHLFING 10 /s/ Brian C. Shapiro* BRIAN C. SHAPIRO (* by email authorization) 11 12 Attorney for Plaintiff 13 14 Date: BENJAMIN B. WAGNER United States Attorney DONNA L. CALVERT Regional Chief Counsel, Region IX Social Security Administration August 8, 2014 15 16 17 BY: 18 19 20 /s/ Paul Sachelari_ PAUL SACHELARI Special Assistant United States Attorney Attorneys for Defendant 21 22 ORDER 23 24 APPROVED AND SO ORDERED. 25 26 27 DATED: 8/12/2014 /s/ SANDRA M. SNYDER UNITED STATES MAGISTRATE JUDGE 28 Remand Stip.; 1:14-cv-00081-SMS 2

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