Simon v. Commissioner of Social Security

Filing 28

STIPULATION for Voluntary Remand Pursuant to Sentence Four of 42 USC 405(g); ORDER signed by Magistrate Judge Erica P. Grosjean on 12/12/16. CASE CLOSED. (Gonzalez, R)

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PHILIP A. TALBERT
United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX
Social Security Administration
JEFFREY CHEN, CSBN 260516
Special Assistant United States Attorney
Social Security Administration
160 Spear Street, Suite 800
San Francisco, CA 94105
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
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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YVONNE SIMON,

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

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Civil No. 1:15-cv-01239-EPG
STIPULATION FOR VOLUNTARY
REMAND PURSUANT TO SENTENCE
FOUR OF 42 U.S.C. § 405(g); ORDER

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

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attorneys, and with the approval of the Court, that the Commissioner of Social Security has

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agreed to a voluntary remand of this case pursuant to sentence four of 42 U.S.C. § 405(g). The

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purpose of the remand is to offer Plaintiff a new hearing and decision.

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Upon remand to the defendant, the Office of Disability Adjudication and Review

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(ODAR) will remand this case to an Administrative Law Judge (ALJ) and direct him or her to

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reevaluate and explain the weight given to the medical opinion evidence. ODAR will vacate the

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prior ALJ decision and Plaintiff will receive a de novo hearing.

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Respectfully submitted,

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Date: December 9, 2016

MACKENZIE LEGAL, PLLC

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By:

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Date: December 9, 2016

/s/ Kelsey Brown*
KELSEY MACKENZIE BROWN
* By email authorization on Dec. 9, 2016
Attorney for Plaintiff
PHILIP A. TALBERT
United States Attorney

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By:

/s/ Jeffrey Chen
JEFFREY CHEN
Special Assistant United States Attorney
Attorneys for Defendant

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ORDER

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Based upon the parties’ Stipulation to Voluntary Remand Pursuant to Sentence Four of
42 U.S.C. § 405(g) (ECF No. 27), and for cause shown, IT IS ORDERED that the abovecaptioned action be remanded to the Commissioner of Social Security for further proceedings
consistent with the terms of the Stipulation. The Clerk of the Court is DIRECTED to enter final
judgment in favor of Plaintiff Yvonne Simon and against Defendant Carolyn W. Colvin and to
close this case.

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IT IS SO ORDERED.
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Dated:

December 12, 2016

/s/
UNITED STATES MAGISTRATE JUDGE

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