Jones v. Commissioner of Social Security

Filing 6

ORDER DISCHARGING 4 the Order to Show Cause Dated December 17, 2014, signed by Magistrate Judge Jennifer L. Thurston on 1/8/2015. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ROY LEE JONES,
Plaintiff,

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

) Case No.: 1:14-cv-01991 - JLT
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) ORDER DISCHARGING THE ORDER TO SHOW
) CAUSE DATED DECEMBER 17, 2014
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On December 17, 2014, the Court found it was not clear from the pleadings that Plaintiff had

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exhausted his administrative remedies, thereby giving the Court jurisdiction to review the decision of

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the administrative law judge (“ALJ”). (Doc. 4.) In the Complaint, Plaintiff alleged that an ALJ issued

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a decision denying his application for benefits on September 22, 2014. (Doc. 1 at 2.) Noting that

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Plaintiff did not allege that he requested review by the Appeals Council, the Court issued an order to

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show cause to Plaintiff why the action should not be dismissed for his failure to exhaust administrative

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remedies. (Doc. 4 at 1-2.)

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Plaintiff filed a timely response to the Court’s order on January 7, 2015, informing the Court for

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the first time that his claim for benefits was before the ALJ pursuant to a remand ordered by the District

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Court in Jones v. Comm’r of Soc. Sec., case number 1:12-cv-01283-BAM. (Doc. 5 at 2.) Importantly,

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decisions issued upon remand are not governed by the same regulations or administrative remedies.
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See 20 C.F.R. §§ 404.983, 404.984. If a claimant does not file an exception disagreeing with the ALJ

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and the Appeals Council does not assume jurisdiction over the decision, the ALJ’s written decision is a

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“final decision of the Commissioner after remand.” 20 C.F.R. §§ 404.984(d).

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In light of the new information regarding the decision rendered by the ALJ upon remand, the
Court’s order to show cause dated December 17, 2014 (Doc. 4) is DISCHARGED.

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IT IS SO ORDERED.
Dated:

January 8, 2015

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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