Tibbet v. Commissioner of Social Security

Filing 27

ORDER signed by Magistrate Judge Allison Claire on 3/9/2016 ORDERING that Defendant Carolyn W. Colvin, Acting Commissioner of Social Security has agreed to voluntarily REMAND this case for further administrative proceedings pursuant to sentence four of 42:405(g). The Appeals Council will remand the case to an administrative law judge (ALJ) for a new hearing and decision. CASE CLOSED(Reader, L)

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BENJAMIN B. WAGNER
United States Attorney
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: 415-744-0134
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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SCOTT C. TIBBET,
Plaintiff,

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vs.
CAROLYN W. COLVIN,
Acting Commissioner of Social Security,
Defendant.

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No. 2:15-cv-00266-AC (TEMP)
STIPULATION AND ORDER FOR
VOLUNTARY
REMAND PURSUANT TO
SENTENCE FOUR OF 42 U.S.C.
§ 405(g) AND FOR ENTRY OF JUDGMENT

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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 Defendant Carolyn W. Colvin, Acting Commissioner of

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Social Security has agreed to voluntarily remand this case for further administrative proceedings

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pursuant to sentence four of 42 U.S.C. section 405(g). The Appeals Council will remand the

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case to an administrative law judge (ALJ) for a new hearing and decision. The Appeals Council

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will instruct the ALJ to reevaluate the medical evidence including, but not limited to, any

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pertinent objective testing, clinical findings, and medical opinions, explain the weight given

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thereto, and address any inconsistencies in accordance with 20 C.F.R. §§ 404.1520(a)(4)(ii),

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404.1521, 404.1523, 404.1527(c)(3)&(4), 416.920(a)(4)(ii), 416.921, 416.923, and

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416.927(c)(3)&(4).
Respectfully submitted,

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Dated: March 7, 2016

By:

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Dated: March 7, 2016

/s/ Joseph C. Fraulob*
JOSEPH C. FRAULOB
(*As authorized by e-mail on March 6, 2016)
Attorneys for Plaintiff
BENJAMIN B. WAGNER
United States Attorney
DEBORAH LEE STACHEL
Acting Regional Chief Counsel, Region IX
Social Security Administration

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By:

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/s/ Sharon Lahey
SHARON LAHEY
Special Assistant United States Attorney
Attorneys for Defendant

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ORDER

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Pursuant to the parties’ stipulation, IT IS SO ORDERED.1

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DATED: March 9, 2016

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Accordingly, the Clerk of the Court is directed to close this case.
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