Allen v. Commissioner of Social Security

Filing 24

ORDER signed by Magistrate Judge Edmund F. Brennan on 12/7/2015 ORDERING that the Commissioner of Social Security has agreed to a voluntary remand of this case pursuant to sentence four of 42:405(g); CASE CLOSED (Reader, L)

1
2
3
4

BENJAMIN B. WAGNER
United States Attorney
DEBORAH LEE STACHEL
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]

5
6
7
8

Attorneys for Defendant

9

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

10

SACRAMENTO DIVISION

11
12
13
14
15
16
17
18

TOMMIE LEE ALLEN,

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

Case No. 2:13-CV-01366-EFB
STIPULATION AND ORDER FOR
VOLUNTARY REMAND PURSUANT TO
SENTENCE FOUR OF 42 U.S.C. § 405(g)

19
20

IT IS HEREBY STIPULATED by and between the parties, through their undersigned

21

attorneys, and with the approval of this Court, that the Commissioner of Social Security has

22

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

23
24

an Administrative Law Judge (ALJ) and direct him or her to develop the record further as
warranted and re-evaluate whether Plaintiff meets or medically equals any Listing under 20

25

C.F.R. Pt. 404, Subpt. P, App. 1, the Listings, and continue through the sequential evaluation as

26

warranted.

27

///

28

///
///

Stip & Prop. Order for Remand

Case No. 2:13-cv-01366-EFB

Respectfully submitted,

1
2

Dated: December 4, 2015

/s/ Shellie Lott*
SHELLIE LOTT
*as authorized via email on December 4, 2015
Attorney for Plaintiff

Dated: December 4, 2015

BENJAMIN B. WAGNER
United States Attorney
DEBORAH LEE STACHEL
Acting Regional Chief Counsel, Region IX
Social Security Administration

3
4
5
6
7
8
9

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

10
11

Attorneys for Defendant

12
13

ORDER

14
15
16

APPROVED AND SO ORDERED.
DATED: December 7, 2015.

17
18
19
20
21
22
23
24
25
26
27
28

Stip & Prop. Order for Remand

2

Case No. 2:13-cv-01366-EFB