Vasquez v. Commissioner of Social Security

Filing 24

STIPULATION and ORDER for VOLUNTARY REMAND pursuant to sentence four of 42 U.S.C. § 405(g) signed by Magistrate Judge Edmund F. Brennan on 2/23/15 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
ELIZABETH FIRER
Special Assistant United States Attorney
160 Spear Street, Suite 800
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
E-Mail: [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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SACRAMENTO DIVISION

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ONESSIMO VASQUEZ,

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

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Defendant.

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Case No. 2:14-CV-01547-EFB
STIPULATION TO VOLUNTARY
REMAND PURSUANT TO SENTENCE
FOUR OF 42 U.S.C. § 405(g) AND TO
ENTRY OF JUDGMENT FOR PLAINTIFF

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IT IS HEREBY STIPULATED by and between the parties, through their undersigned
attorneys, and with the approval of the Court, that the Commissioner of Social Security has 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 (ODAR) will remand this
case to an Administrative Law Judge (ALJ).
ODAR will direct the ALJ to further evaluate Plaintiff’s mental impairments, and
reconsider whether they are medically determinable, severe, or nonsevere.
ODAR will direct the ALJ to obtain additional evidence from a psychological medical
expert and further evaluate the medical opinions of record.

Vasquez v. Colvin, 2:14-cv-01547-EFB – Jt. Stip. Remand

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ODAR will direct the ALJ to evaluate Plaintiff’s substance abuse under Social Security
Ruling (SSR) 13-2p available at 2013 WL 1221979.
ODAR will direct the ALJ to further evaluate the credibility of Plaintiff’s subjective
complaints under SSR 96-7p available at 1996 WL 374186.
ODAR will direct the ALJ to further evaluate Plaintiff’s residual functional capacity,
throughout the period at issue.
ODAR will direct the ALJ as warranted to obtain additional vocational expert evidence, if
necessary.
Respectfully submitted,

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Date: February 19, 2015

/s/Kelsey Mackenzie Brown
KELSEY MACKENZIE BROWN
Attorney at Law
Attorney for Plaintiff
*By email authorization on February 18, 2015

Date: February 19, 2015

BENJAMIN B. WAGNER
United States Attorney

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By:

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/s/Elizabeth Firer
ELIZABETH FIRER
Special Assistant United States Attorney
Attorneys for Defendant

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OF COUNSEL:
RICHARD M. RODRIGUEZ
Assistant Regional Counsel

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ORDER

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APPROVED AND SO ORDERED.
DATED: February 23, 2015.

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Vasquez v. Colvin, 2:14-cv-01547-EFB – Jt. Stip. Remand

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