Henderson v. Commissioner of Social Security

Filing 18

ORDER REMANDING CASE to the Commissioner of Social Security signed by Magistrate Judge Edmund F. Brennan on 10/7/15. The Clerk shall enter judgment in favor of plaintiff. CASE CLOSED (Kastilahn, A)

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1 2 3 4 5 6 7 8 9 BENJAMIN B. WAGNER United States Attorney DEBORAH LEE STACHEL Acting Regional Chief Counsel, Region IX Social Security Administration MARCELO ILLARMO (MABN 670079) Special Assistant United States Attorney 160 Spear Street, Suite 800 San Francisco, California 94105 Telephone: (415) 977-8944 Facsimile: (415) 744-0134 E-Mail: Marcelo.Illarmo@ssa.gov Attorneys for Defendant UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 12 13 14 15 AMANDA MARIE HENDERSON, Plaintiff, v. 17 CAROLYN W. COLVIN, Acting Commissioner of Social Security, 18 Defendant. 16 19 20 21 ) ) ) ) ) ) ) ) ) ) ) ) ) ) CIVIL NO. 15-0096 PROPOSED ORDER AND STIPULATION TO VOLUNTARY REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(g) AND TO ENTRY OF JUDGMENT   IT IS HEREBY STIPULATED by the parties, through their undersigned attorneys, and with the 22 approval of the Court, that the Commissioner has agreed to a voluntary remand of this case for further 23 administrative proceedings, pursuant to sentence four of 42 U.S.C. § 405(g). 24 Upon remand, the Office of Disability Adjudication and Review will direct the Administrative 25 Law Judge (ALJ) to hold a new hearing; give the claimant an opportunity to testify and submit 26 additional evidence; further consider the claimant’s residual functional capacity; if warranted, obtain 27 supplemental vocational expert testimony, ensuring that the hypothetical posed to the vocational expert 28 1 2 3 includes all of the claimant’s limitations; and issue a new decision. As noted, this stipulation constitutes a remand under the fourth sentence of Section 205(g) of the Social Security Act. 42 U.S.C. § 405(g). 4 Respectfully submitted, 5 6 7 Dated: October 5, 2015 BENJAMIN B. WAGNER United States Attorney DONNA L. CALVERT Regional Chief Counsel, Region IX Social Security Administration 8 9 10 By: 11 12 13 /s/ Marcelo Illarmo MARCELO ILLARMO Special Assistant United States Attorney Attorneys for Defendant Dated: October 5, 2015 /s/ Linda S. Ziskin _ LINDA S. ZISKIN (as authorized via email on October 5, 2015) Attorney at Law Attorney for Plaintiff 14 15 16 ORDER 17 18 19 20 21 22 23 24 25 26 27 28 APPROVED AND SO ORDERED. The Clerk shall enter judgment in favor of plaintiff. Dated: October 7, 2015.

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