Tracy v. Commissioner of Social Security

Filing 22

STIPULATION and ORDER signed by Magistrate Judge Carolyn K. Delaney on 12/16/2013 re: 21 Stipulation and Proposed Order, REMANDING CASE to Administrative Law Judge pursuant to Sentence Four of 42 USC 405(g). CASE CLOSED. (Waggoner, D)

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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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CHERIE BLASQUEZ TRACY,

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Plaintiff,

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v.

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CAROLYN W. COLVIN1,
Acting Commissioner
of Social Security,
Defendant.

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Case No. 2:13-CV-00570-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
agreed to a voluntary remand of this case pursuant to sentence four of 42 U.S.C. § 405(g).

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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 properly assess the medical

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evidence and opinions of record and provide specific and legitimate reasons for accepting or

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rejecting these opinions. The ALJ should re-evaluate the medical evidence with the aid of a

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medical expert to determine the nature and severity of Plaintiff’s mental impairments, and if

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necessary, the ALJ will obtain testimony from a vocational expert. The ALJ will further
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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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evaluate the credibility of Plaintiff’s statements regarding her reported symptoms. If Plaintiff is
found disabled, the ALJ will perform the necessary analysis to determine if drug abuse and
alcoholism are material.

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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: December 12, 2013

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Dated: December 12, 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: December 16, 2013

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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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Stip. & Prop. Order for Remand

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Case No. 2:13-cv-00570-CKD