Melson Peart v. Commissioner of Social Security

Filing 26

STIPULATION and ORDER FOR VOLUNTARY REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(g) AND ENTRY OF JUDGMENT signed by Magistrate Judge Allison Claire on 2/11/16. CASE CLOSED. (Mena-Sanchez, L)

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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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KATHLEEN MELSON PEART,

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

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CIVIL NO. No.: 2:15-CV-0582-AC
STIPULATION AND ORDER FOR
VOLUNTARY REMAND
PURSUANT TO SENTENCE FOUR OF
42 U.S.C. § 405(g) AND ENTRY OF
JUDGMENT

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IT IS HEREBY STIPULATED by the parties, through their undersigned attorneys, and with the

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approval of the Court, that Carolyn W. Colvin, Acting Commissioner of Social Security (Defendant or

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the Commissioner) 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). On remand, 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 will

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instruct the ALJ to consult a medical advisor to assist in the determination of the appropriate disability

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onset date consistent with Social Security Ruling 83-20. The parties further request that the Clerk of the

STIPULATION & ORDER

CASE NO. 2:15-CV-0582-AC

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Court be directed to enter a final judgment in favor of Kathleen M. Peart (Plaintiff), and against
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Defendant, reversing the Commissioner’s final decision.
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Respectfully submitted,

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Dated: February 9, 2016

By: /s/ Jesse S. Kaplan*
JESSE S. KAPLAN
(*As authorized by e-mail on February 9, 2016)
Attorneys for Plaintiff

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JESSE S. KAPLAN ATTORNEY AT LAW

Dated: February 9, 2016

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BENJAMIN B. WAGNER
United States Attorney
DEBORAH LEE STACHEL
Acting Regional Chief Counsel, Region IX
Social Security Administration

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

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ORDER

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Pursuant to stipulation, and for good cause shown, IT IS SO ORDERED.

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DATED: February 11, 2016
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STIPULATION & ORDER

CASE NO. 2:15-CV-0582-AC