Clark v. Commissioner of Social Security

Filing 22

STIPULATION and ORDER FOR VOLUNTARY REMAND signed by Magistrate Judge Edmund F. Brennan on 12/29/15. CASE CLOSED. (Mena-Sanchez, L)

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1 2 BENJAMIN B. WAGNER United States Attorney 8 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: (415) 977-8963 Facsimile: (415) 744-0134 E-Mail: Sharon.Lahey@ssa.com 9 Attorneys for DEFENDANT 3 4 5 6 7 10 UNITED STATES DISTRICT COURT 11 EASTERN DISTRICT OF CALIFORNIA 12 SACRAMENTO DIVISION 13 MELISSA HACKWELL CLARK, 14 Plaintiff, 15 vs. 16 17 18 CAROLYN W. COLVIN, Acting Commissioner Of Social Security, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) CIVIL NO. 2:15-cv-00375 EFB STIPULATION FOR VOLUNTARY REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(g) AND TO ENTRY OF JUDGMENT 19 20 IT IS HEREBY STIPULATED by the parties, through their undersigned attorneys, and with the 21 approval of the Court, that Carolyn W. Colvin, Acting Commissioner of Social Security (Defendant or 22 the Commissioner) has agreed to voluntarily remand this case for further administrative proceedings, 23 pursuant to sentence four of 42 U.S.C. section 405(g). On remand, the Appeals Council will remand the 24 case to an administrative law judge (ALJ) for a new hearing and decision. The Appeals Council will 25 instruct the ALJ to reevaluate the medical evidence, including, but not limited to, all medical-source 26 opinion evidence concerning physical and mental impairments, and explain the weight given to the 27 opinion evidence consistent with 20 C.F.R. section 404.1527, and Social Security Rulings 28 STIPULATION & PROPOSED ORDER CASE NO. 2:15-cv-00375 EFB 1 96-2p and 96-5p. The parties further request that the Clerk of the Court be directed to enter a final 2 judgment in favor of Plaintiff, and against Defendant, reversing the Commissioner’s final decision 3 4 Date: December 18, 2015 BESS M. BREWER 5 By: /s/ Bess M. Brewer BESS M. BREWER Attorneys for Plaintiff (*As authorized by e-mail on December [], 2015) 6 7 8 9 Date: December 18, 2015 BENJAMIN B. WAGNER United States Attorney 10 By: /s/ Sharon Lahey SHARON LAHEY Special Assistant United States Attorney Attorney for Defendant 11 12 13 14 ORDER 15 16 17 Pursuant to stipulation, it is so ordered. Dated: December 29, 2015. 18 19 _________________________________ HON. EDMUND F. BRENNAN UNITED STATES MAGISTRATE JUDGE 20 21 22 23 24 25 26 27 28 2 STIPULATION & PROPOSED ORDER CASE NO. 2:15-cv-00375 EFB

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