Neeley v. Commissioner of Social Security

Filing 24

STIPULATION and ORDER 23 for Remand signed by Magistrate Judge Kendall J. Newman on 12/4/2015. Final decision of Commissioner is REVERSED and REMANDED for further administrative proceedings pursuant to Sentence 4 of 42 U.S.C. § 405(g). Plainti ff's 18 Motion for Summary Judgment is DENIED as MOOT. Clerk shall enter Judgment in favor of plaintiff and against Commissioner. Parties shall promptly meet & confer regarding potention Stipulation for award of Equal Access to Justice Act fees, if any. Such a Stipulation or Motion shall be filed within 60 days. (Marciel, M)

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BENJAMIN B. WAGNER
United States Attorney

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DEBORAH LEE STACHEL
Acting Regional Chief Counsel, Region IX
Social Security Administration
SHARON LAHEY
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

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO

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JENNIFER F. NEELEY,

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Plaintiff,

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

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CASE NO. 2:14-cv-02903-KJN
STIPULATION FOR VOLUNTARY
REMAND PURSUANT TO
SENTENCE FOUR OF 42 U.S.C.
§ 405(g) AND TO ENTRY OF
JUDGMENT; ORDER THEREON

IT IS HEREBY STIPULATED by the parties, through their undersigned attorneys, and with the
approval of the Court, that Carolyn W. Colvin, Acting Commissioner of Social Security (Defendant or
the Commissioner) has agreed to voluntarily remand this case for further administrative proceedings,
pursuant to sentence four of 42 U.S.C. section 405(g). On remand, the Appeals Council will remand the
case to an administrative law judge (ALJ) for a new hearing and decision. The Appeals Council will
instruct the ALJ to reevaluate the medical evidence, including, but not limited to, all medical-source
opinion evidence concerning physical and mental impairments, and explain the weight given to the
opinion evidence consistent with 20 C.F.R. section 404.1527, and Social Security Rulings

STIPULATION & ORDER

CASE NO. 2:14-cv-02903-KJN

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(SSR) 96-2p and 96-5p. The parties further request that the Clerk of the Court be directed to enter a
final judgment in favor of Plaintiff, and against Defendant, reversing the final decision of the
Commissioner.
Date: December 2, 2015

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By: /s/ Jacqueline A. Forslund
JACQUELINE A. FORSLUND
Attorneys for Plaintiff
(*As authorized by e-mail on December 2, 2015)

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JACQUELINE A. FORSLUND
Attorney at Law

Date: December 2, 2015

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BENJAMIN B. WAGNER
United States Attorney
By: /s/ Sharon Lahey
SHARON LAHEY
Special Assistant United States Attorney
Attorney for Defendant

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ORDER

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Pursuant to the parties’ stipulation, IT IS HEREBY ORDERED that:

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1. The final decision of the Commissioner is REVERSED and the action is REMANDED for

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further administrative proceedings, as detailed above, 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. 18) is denied as moot.

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3. The Clerk of Court shall enter judgment in favor of plaintiff and against the Commissioner.

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4. The parties shall promptly meet and confer regarding a potential stipulation with respect to

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an award of Equal Access to Justice Act fees, if any. Any such stipulation or motion shall be

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filed within sixty (60) days.

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STIPULATION & ORDER

CASE NO. 2:14-cv-02903-KJN

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IT IS SO ORDERED.
Dated: December 4, 2015

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STIPULATION & ORDER

CASE NO. 2:14-cv-02903-KJN