Levine v. Commissioner of Social Security

Filing 16

STIPULATION and ORDER REMANDING CASE to Commissioner of Social Security pursuant to sentence four of 42 U.S.C. § 405(g) signed by Magistrate Judge Edmund F. Brennan on 6/19/14. (Kaminski, H)

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1 2 3 4 5 6 7 8 9 BENJAMIN B. WAGNER United States Attorney DONNA CALVERT Acting Regional Chief Counsel, Region IX Social Security Administration PATRICK WILLIAM SNYDER, CSBN 260690 Special Assistant United States Attorney 160 Spear Street, Suite 800 San Francisco, California 94105 Telephone: (415) 977-8927 Facsimile: (415) 744-0134 E-Mail: Patrick.Snyder@ssa.gov Attorneys for Defendant UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 SACRAMENTO 12 13 14 15 16 JIMMY R. LEVINE, Plaintiff, v. 18 CAROLYN W. COLVIN, Acting Commissioner of Social Security, 19 Defendant. 17 20 21 22 ) ) ) ) ) ) ) ) ) ) ) ) ) ) CIVIL NO. 2:13-cv-02189-EFB STIPULATION TO VOLUNTARY REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(g) AND TO ENTRY OF JUDGMENT   IT IS HEREBY STIPULATED by the parties, through their undersigned attorneys, and with the 23 approval of the Court, that the Commissioner has agreed to a voluntary remand of this case for further 24 administrative proceedings, pursuant to sentence four of 42 U.S.C. § 405(g). 25 Upon remand, the Office of Disability Adjudication and Review will direct the Administrative 26 Law Judge (ALJ) to have a new hearing in order to further evaluate the claimant's residual functional 27 capacity, taking into account the medical opinions of record, including the opinions of Dr. Fernando; 28 1 2 3 4 and obtain supplemental vocational expert evidence if necessary. As noted, this stipulation constitutes a remand under the fourth sentence of Section 205(g) of the Social Security Act. 42 U.S.C. § 405(g). Respectfully submitted, 5 6 Dated: June 9, 2014 BENJAMIN B. WAGNER United States Attorney DONNA L. CALVERT Acting Regional Chief Counsel, Region IX Social Security Administration 7 8 9 By: 10 11 12 Dated: , 2014 /s/ Young Cho YOUNG CHO (as authorized via) Attorney at Law Attorney for Plaintiff 13 14 15 ORDER 16 17 18 19 20 21 22 23 24 25 26 27 28 /s/ Patrick William Snyder PATRICK WILLIAM SNYDER Special Assistant U.S. Attorney Attorneys for Defendant APPROVED AND SO ORDERED. Dated: June 19, 2014.

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