Dorantes v. Commissioner of Social Security

Filing 16

STIPULATION and ORDER to Voluntary REMAND Pursuant to Sentence Four of 42 U.S.C. 405(G) and to Entry of Judgment signed by Magistrate Judge Gary S. Austin on 3/17/2015. CASE CLOSED. (Sant Agata, S)

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BENJAMIN B. WAGNER
United States Attorney
DONNA L. CALVERT
Regional Chief Counsel, Region IX
Social Security Administration
ANNABELLE J. YANG
Special Assistant United States Attorney
160 Spear Street, Suite 800
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]

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Attorneys for Defendant

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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FRESNO DIVISION

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JAVIER CAMBEROS DORANTES,

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

Case No. 1:14-CV-01301-GSA
STIPULATION TO VOLUNTARY
REMAND PURSUANT TO
SENTENCE FOUR OF 42 U.S.C.
§ 405(G) AND TO ENTRY OF
JUDGMENT; ORDER
(ECF No. 15)

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IT IS HEREBY STIPULATED by the parties, through their undersigned attorneys, and

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with the approval of the Court, that the Commissioner has agreed to a voluntary remand of this

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case for further administrative proceedings, pursuant to sentence four of 42 U.S.C. § 405(g).

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Upon remand, the Office of Disability Adjudication and Review (ODAR) will instruct
the Administrative Law Judge (ALJ) to reevaluate Plaintiff’s credibility and support the
credibility finding with specific evidence in the record. The ALJ will reassess Plaintiff’s

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maximum residual functional capacity and continue the sequential evaluation process.
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Case No. 1:14-cv-91301-GSA

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Respectfully submitted,

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/s/ Young Cho*
Young Cho
*as authorized via email on March 12, 2015
Attorney at Law

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Attorney for Plaintiff

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Dated: March 12, 2015

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Dated: March 12, 2015

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

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By:

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/s/ Annabelle J. Yang
ANNABELLE J. YANG
Special Assistant U.S. Attorney

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Attorneys for Defendant

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ORDER

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Pursuant to the above stipulation, this matter shall be remanded to the Commissioner as

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authorized by sentence four of 42 U.S.C. § 405(g) for further proceedings consistent with the

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parties’ joint stipulation and judgment shall be entered for Plaintiff.

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On remand, the Office of Disability Adjudication and Review (ODAR) will instruct the

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Administrative Law Judge (ALJ) to reevaluate Plaintiff’s credibility and support the credibility

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finding with specific evidence in the record. The ALJ will reassess Plaintiff’s maximum residual

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functional capacity and continue the sequential evaluation process.

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The Clerk of the Court is directed to enter final judgment in favor of Plaintiff Javier

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Camberos Dorantes against Defendant Carolyn W. Colvin, the Acting Commissioner of Social

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Security, and to close this case.

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IT IS SO ORDERED.

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Dated:

March 17, 2015

/s/ Gary S. Austin

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UNITED STATES MAGISTRATE JUDGE

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Case No. 1:14-cv-01301-GSA