Jekov v. Commissioner of Social Security

Filing 21

STIPULATION and ORDER for Voluntary Remand pursuant to sentence four 42 U.S.C. § 405(g), signed by Magistrate Judge Carolyn K. Delaney on 8/30/13. CASE CLOSED. (Mena-Sanchez, L)

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BENJAMIN B. WAGNER
United States Attorney
DONNA L. CALVERT
Acting Regional Chief Counsel, Region IX
Social Security Administration
ANNABELLE J. YANG
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
EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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PATRICIA JEKOV,

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Plaintiff,
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v.
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CAROLYN W. COLVIN1,
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Acting Commissioner
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of Social Security,
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Defendant.
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)
____________________________________)

Case No. 2:12-CV-02768-CKD
STIPULATION AND ORDER FOR
VOLUNTARY REMAND PURSUANT TO
SENTENCE FOUR OF 42 U.S.C. § 405(g),

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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 this 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).
Upon remand, the Office of Disability Adjudication and Review will remand this case to

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an Administrative Law Judge (ALJ) and direct him or her to provide Plaintiff with the
opportunity for a new hearing. Specifically, the ALJ will re-contact Sultan A. Sultan, M.D., to
determine if Plaintiff had a possible earlier date of onset. The ALJ will also obtain medical

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expert testimony and further evaluate Plaintiff’s residual functional capacity. The ALJ will

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Carolyn W. Colvin became the Acting Commissioner of Social Security on February 14, 2013. Pursuant to Rule
25(d) of the Federal Rules of Civil Procedure, Carolyn W. Colvin should be substituted for Michael J. Astrue as the
defendant in this suit. No further action need to be taken to continue this suit by reason of the last sentence of
section 205(g) of the Social Security Act, 42 U.S.C. § 405(g).
Stip. & Prop. Order for Remand

Case No. 2:12-cv-02768-CKD

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further evaluate the credibility of Plaintiff’s statements regarding her reported symptoms and
reassess the lay witness testimony of George Neyko. If necessary, the ALJ will obtain testimony

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from a vocational expert.

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Respectfully submitted,

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/s/Jesse S. Kaplan
JESSE S. KAPLAN
(as authorized via email)
Attorney at Law

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Attorney for Plaintiff

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Dated: August 29, 2013

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Dated: August 29, 2013

BENJAMIN B. WAGNER
United States Attorney
DONNA L. CALVERT
Acting Regional Chief Counsel, Region IX
Social Security Administration

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By:

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/s/ Annabelle J. Yang
ANNABELLE J. YANG
Special Assistant U.S. Attorney

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Attorneys for Defendant

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ORDER

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APPROVED AND SO ORDERED.

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Dated: August 30, 2013

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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Stip. & Prop. Order for Remand

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Case No. 2:12-cv-02768-CKD