Finley v. Commissioner of Social Security

Filing 18

ORDER REMANDING the Matter Pursuant to Sentence Four of 42 U.S.C. 405 (g); ORDER DIRECTING Entry of Judgment in Favor of Plaintiff William Joseph Finley and Against Defendant, Carolyn W. Colvin, Acting Commissioner of Social Security, signed by Magistrate Judge Jennifer L. Thurston on 12/2/16. CASE CLOSED. (Marrujo, C)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 WILLIAM JOSEPH FINLEY, Plaintiff, 12 v. 13 14 CAROLYN W. COLVIN, Acting Commissioner of Social Security, 15 Defendant. 16 17 ) ) ) ) ) ) ) ) ) ) ) Case No.: 1:16-cv-00272 - JLT ORDER REMANDING THE MATTER PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(g) ORDER DIRECTING ENTRY OF JUDGMENT IN FAVOR OF PLAINTIFF WILLIAM JOSEPH FINLEY AND AGAINST DEFENDANT, CAROLYN W. COLVIN, ACTING COMMISSIONER OF SOCIAL SECURITY William Joseph Finley initiated this action seeking judicial review of the administrative decision 18 denying his application for Social Security benefits pursuant to 42 U.S.C. 405(g). On December 2, 19 2016, Plaintiff and Defendant Carolyn W. Colvin, Acting Commissioner Social Security, stipulated to a 20 voluntary remand of Plaintiff’s Social Security appeal for further administrative proceedings. (Doc. 21 17) 22 The parties seek remand to have an administrative law judge to hold a new hearing and issue a 23 decision. (Doc. 17 at 1) Specifically, the parties want the ALJ “to reconsider and explain the weight 24 given to the VA disability rating,” further develop the record, “and attempt to obtain any missing 25 medical records.” (Id. at 2) Further, the parties noted the matter was to be remanded under sentence 26 four of 42 U.S.C. § 405(g), and request final judgment be entered in favor of the plaintiff. (Id. at 1) 27 /// 28 /// 1 1 Based upon the stipulation of the parties, the Court ORDERS: 2 1. The matter is REMANDED under four of 42 U.S.C. § 405(g); and 3 2. The Clerk of Court is DIRECTED to enter judgment in favor of Plaintiff William Joseph 4 Finley and against Defendant, Carolyn W. Colvin, Acting Commissioner of Social 5 Security. 6 7 8 9 IT IS SO ORDERED. Dated: December 2, 2016 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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