Rose v. Commissioner of Social Security

Filing 15

ORDER for Voluntary Remand, signed by Magistrate Judge Gary S. Austin on 7/19/15. CASE CLOSED. (Gonzalez, R)

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BENJAMIN B. WAGNER
United States Attorney
DONNA L. CALVERT, IL SB 6191786
Regional Chief Counsel, Region IX
Social Security Administration
RICHARD M. RODRIGUEZ
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

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EASTERN DISTRICT OF CALIFORNIA

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FRESNO DIVISION

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DESTINY ROSE,

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

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Defendant.
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) Case No. 1:14-cv-02007-GSA
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) ORDER FOR VOLUNTARY REMAND
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) (ECF No. 14)
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Based upon the parties’ Stipulation to Voluntary Remand Pursuant to Sentence Four of 42
U.S.C. § 405(g) and to Entry of Judgment (ECF No. 14), this matter shall be remanded to the

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Commissioner as authorized by sentence four of 42 U.S.C. § 405(g) and judgment shall be entered

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for Plaintiff.

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On remand, the Office of Disability Adjudication and Review’s Appeal Council will

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remand the case to an administrative law judge (“ALJ”) for a new hearing and decision. The

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Appeals Council will instruct the ALJ to reassess the credibility of Plaintiff’s subjective

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complaints consistent with 20 C.F.R. §§ 404.1529, 416.929, and Social Security Ruling (“SSR”)

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96-7p. The Appeals Council will also instruct the ALJ to reassess Plaintiff’s residual functional

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capacity, determine whether Plaintiff could perform her past relevant work pursuant to SSR 82-61
and SSR 82-62, and, if appropriate, obtain supplemental vocational expert testimony to assist in

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determining what jobs exist, if any , for Plaintiff given her age, education, vocational factors, and

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residual functional capacity.

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The Clerk of the Court is DIRECTED to enter final judgment in favor of Plaintiff Destiny

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Rose and against Defendant Carolyn W. Colvin, the Acting Commissioner of Social Security, and

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to close this case.

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IT IS SO ORDERED.
Dated:

July 19, 2015

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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