Rodriguez v. Commissioner of Social Security

Filing 16

Stipulation and ORDER to Voluntary Remand pursuant to Sentence Four of 42 USC 405(g) and to Entry of Judgment, signed by Magistrate Judge Sheila K. Oberto on 12/24/15. CASE CLOSED. (Verduzco, M)

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BENJAMIN B. WAGNER
United States Attorney
DEBORAH LEE STACHEL
Acting Regional Chief Counsel, Region IX
Social Security Administration
JENNIFER LEE TARN, CSBN 240609
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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ADINA SHANNON RODRIGUEZ,

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Plaintiff,
v.

Case No. 1:15-cv-00384-SKO
STIPULATION AND ORDER TO
VOLUNTARY REMAND PURSUANT TO
SENTENCE FOUR OF 42 U.S.C. § 405(g)
AND TO ENTRY OF JUDGMENT

CAROLYN W. COVIN, Acting
Commissioner of Social Security,
Defendant.
_____________________________________/

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IT IS STIPULATED by and between Plaintiff Adina Shannon Rodriguez (“Plaintiff”),

22 and Defendant Carolyn W. Colvin, Acting Commissioner of Social Security, through their counsel
23 of record, that this action be remanded for further administrative action pursuant to section 205(g)
24 of the Social Security Act, as amended, 42 U.S.C. section 405(g), sentence four.
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On remand, the Appeals Council will remand the case to an administrative law judge

26 (ALJ) for a new decision. The Appeals Council will instruct the ALJ to reevaluate the medical
27 opinion evidence, Plaintiff’s credibility, and Plaintiff’s residual functional capacity, and if
28 warranted, obtain supplemental vocational evidence. The parties further request that the Clerk of

1 the Court be directed to enter a final judgment in favor of Plaintiff, and against Defendant,
2 reversing the final decision of the Commissioner.
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Respectfully submitted,

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5 Date: December 23, 2015

LAW OFFICES OF LAWRENCE D. ROHLFING
By: /s/ Vijay Jagdish Patel*
VIJAY JAGDISH PATEL
*as authorized by email on December 23, 2015
Attorney for Plaintiff

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9 Date: December 22, 2015

BENJAMIN B. WAGNER
United States Attorney

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By: /s/ Jennifer Lee Tarn
JENNIFER LEE TARN
Special Assistant United States Attorney
Attorneys for Defendant

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ORDER

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Pursuant to the parties’ Stipulation, IT IS HEREBY ORDERED that:

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This matter IS REMANDED for further administrative proceedings, so that an

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Administrative Law Judge may reevaluate Plaintiff Adina Shannon Rodriguez’s

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claims as specified in the above Stipulation; and
2.

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parties’ Stipulation filed on December 23, 2015.

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The Clerk of the Court is HEREBY DIRECTED to close this file pursuant to the

IT IS SO ORDERED.

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Dated:

December 24, 2015

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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