Pannell v. Commissioner of Social Security

Filing 26

ORDER signed by Magistrate Judge Kendall J. Newman on 4/16/15 APPROVING 25 Stipulation. IT IS HEREBY ORDERED that pursuant to the parties' 25 stipulation, the action is REMANDED for further administrative proceedings consistent with this or der pursuant to sentence four of 42 U.S.C. §405(g). Plaintiff's 19 Motion for Summary Judgment is DENIED without prejudice as MOOT. Judgment is ENTERED in favor of plaintiff and against the Commissioner. The Clerk of Court shall VACATE all dates and CLOSE this case. (Meuleman, A)

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BENJAMIN B. WAGNER
United States Attorney
DONNA L. CALVERT
Regional Chief Counsel, Region IX
Social Security Administration
ELLINOR CODER
Special Assistant United States Attorney
160 Spear Street, Suite 800
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]

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Attorneys for Defendant
UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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SACRAMENTO DIVISION
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BRAD PANNELL,
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Plaintiff,
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vs.
CAROLYN W. COLVIN,
Acting Commissioner of Social Security,
Defendant.

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Case No.: 2:14-cv-01514-KJN
STIPULATION AND ORDER FOR
REMAND PURSUANT TO
SENTENCE FOUR OF 42 U.S.C.
§ 405(g) AND REQUEST FOR ENTRY OF
JUDGMENT IN FAVOR OF PLAINTIFF
AND AGAINST DEFENDANT

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

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with the approval of the Court, that the Commissioner has agreed to a voluntary remand of this

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case for further administrative proceedings, pursuant to sentence four of 42 U.S.C. § 405(g).

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Upon remand, the Appeals Council will instruct the Administrative Law Judge (ALJ) to
take the following action:
The ALJ will be directed to weigh all the medical opinions of record regarding the

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claimant’s mental health during the period at issue, including the medical opinions of Janice

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Nakagawa, Ph.D., Troy Ewing, Psy.D., Judy Martin, M.D., and D. Funkelstein, M.D.,

Stip. & Order for Remand; 2:14-cv-01514-KJN

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articulating the weight assigned each opinion and the reasons for that weight (20 CFR

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§ 404.1527 and 416.927); reevaluate the credibility of the claimant’s allegations (20 CFR

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§ 404.1529 and Social Security Ruling 96-7p); reassess the claimant’s residual functional

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capacity (20 CFR § 404.1545 and Social Security Rulings 85-16 and 96-8p); and, if warranted at

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step five, obtain evidence from a vocational expert to clarify the effects of the assessed

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limitations on the occupational base (20 CFR § 404.1566; Social Security Ruling 83-14).

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The parties further request that the Clerk of the Court be directed to enter a final

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judgment in favor of Plaintiff, and against Defendant, reversing the final decision of the

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Commissioner.
Respectfully submitted,

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Dated: April 14, 2015

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BESS M. BREWER
By:

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Attorney for Plaintiff

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/s/ Ellinor Coder for Bess M. Brewer*___
*By email authorization on April 14, 2015

Dated: April 14, 2015

BENJAMIN B. WAGNER
United States Attorney
DONNA L. CALVERT
Regional Chief Counsel, Region IX
Social Security Administration

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/s/ Ellinor Coder
ELLINOR CODER
Special Assistant U.S. Attorney
OF COUNSEL: AMANDA SCHAPEL
Assistant Regional Counsel

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Attorneys for Defendant

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By:

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Stip. & Order for Remand; 2:14-cv-01514-KJN

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ORDER
The parties’ stipulation (ECF No. 25) is APPROVED. Accordingly, IT IS HEREBY
ORDERED that:

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1. Pursuant to the parties’ stipulation, the action is remanded for further administrative

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proceedings consistent with this order pursuant to sentence four of 42 U.S.C. §

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405(g).

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2. Plaintiff’s motion for summary judgment (ECF No. 19) is denied without prejudice as
moot.
3. Judgment is entered in favor of plaintiff and against the Commissioner.
4. The Clerk of Court shall vacate all dates and close this case.

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Dated: April 16, 2015

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Stip. & Order for Remand; 2:14-cv-01514-KJN

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