Barnes v. Commissioner of Social Security

Filing 23

STIPULATION AND ORDER signed by Magistrate Judge Carolyn K. Delaney on 2/20/15 REMANDING CASE to The Commissioner of Social Security. CASE CLOSED. (Mena-Sanchez, L)

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BENJAMIN B. WAGNER
United States Attorney
DONNA L. CALVERT
Regional Chief Counsel, Region IX
Social Security Administration
THEOPHOUS H. REAGANS, CSBN 189450
Special Assistant United States Attorney

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160 Spear Street, Ste. 800
San Francisco, CA 94105
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Defendant

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Sarah Michelle Barnes,

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

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No. 2:14-CV-01071-CKD
STIPULATION AND PROPOSED ORDER
FOR REMAND PURSUANT TO
SENTENCE FOUR OF 42 U.S.C. § 405(g)

The parties hereby stipulate by counsel, with the Court’s approval as indicated by issuance of the
attached Order, that the above-referenced case be remanded to the Commission of Social Security for
further administrative proceedings, pursuant to sentence four of 42 U.S.C. section 405(g).
On remand, the Appeals Council will instruct the Administrative Law Judge to take the
following action:
1) Further develop the record to reconcile the discrepancy between the ALJ’s findings and the
record that appears to rebut the presumption of continuing nondisability;

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2) Make findings consistent with the sequential evaluation process, if warranted; and

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3) Otherwise develop the record as needed.

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Respectfully submitted,

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Dated: February 18, 2015

/s/ Joseph C. Fraulob
(email authorization)
JOSEPH C. FRAULOB
Attorney for Plaintiff

Dated: February 18, 2015

BENJAMIN B. WAGNER
United States Attorney
THEOPHOUS H. REAGANS

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By:

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/s/ Theophous H. Reagans
THEOPHOUS H. REAGANS
Special Assistant United States Attorney
Attorneys for Defendant

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ORDER

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APPROVED AND SO ORDERED.

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Dated: February 20, 2015

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CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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