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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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: [phone]
Facsimile: 415-744-0134
Email: [e-mail]
Attorneys for Defendant

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
FRESNO DIVISION

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ALEXANDER SIERRA,

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

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

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THE PARTIES HEREBY STIPULATE, through their undersigned attorneys and with the

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approval of the Court, that Defendant has agreed to a voluntary remand of this case pursuant to sentence

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four of 42 U.S.C. § 405(g). The purpose of the remand is to offer Plaintiff a new hearing and decision.

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Upon remand, the Office of Disability Adjudication and Review will remand this case to an

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Administrative Law Judge (ALJ) and direct him or her to further evaluate Plaintiff’s residual functional

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capacity, including Plaintiff’s postural limitations. Furthermore, the ALJ will re-evaluate Plaintiff’s

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credibility and will consider additional medical evidence he submits, if any, in support of his claim. If

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the ALJ finds Plaintiff unable to perform any of his past relevant jobs, and his functional limitations

Remand Stip.; 1:14-cv-00081-SMS

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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
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work that Plaintiff could perform. Finally, the ALJ will take any other actions he or she deems
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necessary to make a decision.
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As noted, this stipulation constitutes a remand under the fourth sentence of Section 205(g) of the
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Social Security Act. 42 U.S.C. § 405(g).
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Respectfully submitted,
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Date:

August 8, 2014

LAW OFFICES OF LAWRENCE D. ROHLFING

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/s/ Brian C. Shapiro*
BRIAN C. SHAPIRO
(* by email authorization)

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Attorney for Plaintiff

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Date:

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

August 8, 2014

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BY:

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/s/ Paul Sachelari_
PAUL SACHELARI
Special Assistant United States Attorney
Attorneys for Defendant

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ORDER

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APPROVED AND SO ORDERED.

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DATED: 8/12/2014

/s/ SANDRA M. SNYDER
UNITED STATES MAGISTRATE JUDGE

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Remand Stip.; 1:14-cv-00081-SMS

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