Schnell v. Commissioner of Social Security

Filing 23

STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 12/18/15 ORDERING that the Clerk is directed to enter a final judgment in favor of Plaintiff, and against Defendant; and reversing the final decision of the Commissioner and remanding for further proceedings. CASE CLOSED (Kastilahn, A)

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BENJAMIN B. WAGNER
United States Attorney
DEBORAH LEE STACHEL
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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JONATHAN M.D. SCHNELL,

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

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No. 2:14-cv-02632-KJN (TEMP)
STIPULATION AND ORDER FOR
REMAND PURSUANT TO SENTENCE
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IT IS HEREBY STIPULATED, by and between Jonathan M.D. Schnell and Carolyn W.

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Colvin, Acting Commissioner of Social Security (the Commissioner or Defendant), through their

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respective counsel of record, that this action be remanded for further administrative action pursuant to

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section 205(g) of the Social Security Act, as amended, 42 U.S.C. section 405(g), sentence four.

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On remand, the Appeals Council will remand the case to an administrative law judge (ALJ)

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for a new hearing and decision. The Appeals Council will instruct the ALJ to obtain additional

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testimony from a vocational expert addressing the numbers of jobs existing in the national economy

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that the claimant can perform. The ALJ may take any further action necessary to complete the

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administrative record and issue a new decision.

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

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favor of Plaintiff, and against Defendant, reversing the final decision of the Commissioner and

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remanding for further proceedings.

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Dated: December 9, 2015

/s/ Steven Rosales
(email authorization)
STEVEN ROSALES
Attorney for Plaintiff

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Dated: DECEMBER 9, 2015

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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
Pursuant to the parties’ stipulation, IT IS SO ORDERED.
Dated: December 18, 2015

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\schnell2632.stip.remand.ord.docx

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