Chang v. Commissioner of Social Security

Filing 24

STIPULATION AND ORDER for Voluntary Remand, REMANDING CASE to Commissioner of Social Security, signed by Magistrate Judge Erica P. Grosjean on 03/15/2016. CASE CLOSED (Martin-Gill, S)

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BENJAMIN B. WAGNER
United States Attorney
DEBORAH LEE STACHEL
Acting Regional Chief Counsel, Region IX
Social Security Administration
ASIM H. MODI, NY SBN 4692018
Special Assistant United States Attorney
Social Security Administration
160 Spear Street, Suite 800
San Francisco, CA 94105
Telephone: [phone]
Facsimile: 415-744-0134
Email: [e-mail]
Attorneys for Defendant
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
FRESNO DIVISION

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MAI CHANG,

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Plaintiff,

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v.

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CAROLYN W. COLVIN
Acting Commissioner of Social Security,

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Defendant.

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) Case No. 1:15-cv-00310-EPG
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) STIPULATION AND ORDER FOR
) VOLUNTARY REMAND
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IT IS HEREBY STIPULATED by the parties, through their undersigned attorneys, that

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this action be remanded to the Commissioner of Social Security for further administrative action

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pursuant to section 205(g) of the Social Security Act, as amended, 42 U.S.C. § 405(g), sentence

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four.

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Upon remand, the Appeals Council will instruct the administrative law judge (ALJ) to

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offer Plaintiff a new hearing and the opportunity to present new evidence. The Appeals Council

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will direct the ALJ to perform the sequential evaluation process for the following periods: April

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18, 2005, through September 12, 2007, and January 22, 2011, through the date of the ALJ’s

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decision on remand. Moreover, the Appeals Council will instruct the ALJ to reevaluate the
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medical evidence relevant to the adjudicatory periods, including, but not limited to, all medical-

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source opinion evidence concerning physical and mental impairments, and explain the weight

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given to the opinion evidence in accordance with 20 C.F.R. § 416.927, and Social Security

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Rulings (SSR) 96-2p and 96-5p. Furthermore, if necessary, the ALJ will obtain vocational

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expert testimony at step five of the sequential evaluation process.

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Respectfully submitted,

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Date: March 14, 2016

LAW OFFICES OF LAWRENCE D.
ROHLFING

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By:
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/s/ Asim H. Modi for Monica Perales*
MONICA PERALES
*Authorized by email on March 14, 2016
Attorneys for Plaintiff

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Date: March 14, 2016

BENJAMIN B. WAGNER
United States Attorney
DEBORAH LEE STACHEL
Acting Regional Chief Counsel, Region IX
Social Security Administration

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By:

/s/ Asim H. Modi
ASIM H. MODI
Special Assistant United States Attorney
Attorneys for Defendant

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ORDER

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Based upon the parties’ Stipulation for Voluntary Remand, and for cause shown, the
above-captioned action is remanded to the Commissioner of Social Security for further
proceedings consistent with the terms of the above stipulation. The Clerk of the Court is
DIRECTED to enter final judgment in favor of Plaintiff Mai Chang and against Defendant
Carolyn W. Colvin and to close this case.
IT IS SO ORDERED.

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Dated:

March 15, 2016

/s/
UNITED STATES MAGISTRATE JUDGE

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