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)
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?