Douthitt v. Commissioner of Social Security

Filing 24

ORDER signed by Magistrate Judge Craig M. Kellison on 6/26/14 GRANTING 23 Motion to Remand. The Court ORDERS that this case be REMANDED for further proceedings, pursuant to sentence four of 42 U.S.C. Section 405(g), and that judgment be entered in favor of Plaintiff. CASE CLOSED. (Meuleman, A)

Download PDF
1 2 3 4 5 6 7 8 9 BENJAMIN B. WAGNER United States Attorney DONNA L. CALVERT Acting Regional Chief Counsel, Region IX Social Security Administration TIMOTHY R. BOLIN, CSBN 259511 Special Assistant United States Attorney Social Security Administration Office of the General Counsel 160 Spear St Ste 800 San Francisco, CA 94105 Telephone: (415) 977-8962 Facsimile: (415) 744-0134 E-mail: timothy.bolin@ssa.gov Attorneys for Defendant 10 11 UNITED STATES DISTRICT COURT 12 EASTERN DISTRICT OF CALIFORNIA 13 (SACRAMENTO) 14 15 16 17 18 19 20 21 THERESA DOUTHITT, Plaintiff, v. ACTING COMMISSIONER OF SOCIAL SECURITY, Defendant. ) ) ) ) ) ) ) ) ) ) ) No. 2:13-cv-00636-CMK DEFENDANT’S MOTION FOR AN EX PARTE ORDER REMANDING CASE FOR FURTHER PROCEEDINGS, PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(g), AND FOR ENTRY OF JUDGMENT IN FAVOR OF PLAINTIFF Defendant, through counsel, hereby submits this motion for an ex parte order remanding 22 this case for further proceedings, pursuant to sentence four of 42 U.S.C. § 405(g), and for entry of 23 judgment in favor of Plaintiff. Defendant so moves ex parte because counsel has been unable to 24 contact Plaintiff regarding a joint stipulation to voluntary remand. Counsel called the telephone 25 number listed for Plaintiff on the Court’s docket, but the person who answered stated that there was 26 no one by the name of Theresa Douthitt at that number. 27 28 On remand, the administrative law judge (ALJ) will update the record and include all the reports by Edward Manougian, M.D., that were considered at the initial and reconsideration levels 1 1 of administrative proceedings. These reports were never exhibited or made part of the record and 2 should be properly exhibited and considered by the ALJ on remand. Also, the ALJ will further 3 clarify whether Plaintiff’s pain disorder is severe, reassess her residual functional capacity, and 4 complete the rest of the sequential evaluation process. The ALJ will issue a decision on the issue of 5 disability for the period of April 7, 2008, through June 30, 2012, the date that Plaintiff was last 6 insured under Title II of the Social Security Act. 7 Respectfully submitted, 8 9 Date: June 23, 2014 10 11 12 13 BENJAMIN B. WAGNER United States Attorney DONNA L. CALVERT Acting Regional Chief Counsel, Region IX Social Security Administration /s/ Timothy R. Bolin TIMOTHY R. BOLIN Special Assistant United States Attorney 14 15 16 17 ORDER 18 19 The Court hereby grants ex parte the foregoing motion. The Court orders that this case be 20 remanded for further proceedings, as described above, pursuant to sentence four of 42 U.S.C. 21 § 405(g), and that judgment be entered in favor of Plaintiff. 22 23 Dated: June 26, 2014 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?