Hernandez v. Commissioner of Social Security
Filing
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ORDER APPROVING AMENDED STIPULATION TO REMAND re 17 signed by Magistrate Judge Kendall J. Newman on 9/22/16. The Clerk of Court shall enter an Amended Judgment in accordance with this order, which shall amend the judgment previously entered on 9/9/16.(Mena-Sanchez, L)
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BENJAMIN B. WAGNER
United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX
Social Security Administration
HEATHER M. MOSS, DCBN 995773
Special Assistant United States Attorney
160 Spear Street, Suite 800
San Francisco, CA 94105
Phone: 415-977-8826
Fax: 415-744-0134
Email: heather.moss@ssa.gov
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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STEPHANY KATHY HERNANDEZ,
Plaintiff,
vs.
CAROLYN W. COLVIN,
Acting Commissioner of Social Security,
Defendant.
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Case No. 2:15-cv-01534-KJN
ORDER APPROVING AMENDED
STIPULATION TO REMAND
PURSUANT TO SENTENCE FOUR OF
42 U.S.C. § 405(g), AND REQUEST
FOR ENTRY OF JUDGMENT IN
FAVOR OF PLAINTIFF
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As amended, IT IS HEREBY STIPULATED, by and between the parties, through their
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respective counsel of record, that this action be remanded to the Commissioner of Social Security for
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further administrative action pursuant to section 205(g) of the Social Security Act, as amended, 42
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U.S.C. § 405(g), sentence four. This amended stipulation and request for entry of judgment seeks to
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withdraw and replace the prior stipulation and order.
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Amended Stip. to Remand, 2:15-cv-01534-KJN
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Counsel for Defendant inadvertently cited Social Security Ruling (SSR) 96-7p, which is no
longer in effect. The amended stipulation references SSR 16-03p, which supersedes SSR 96-7p, and
updates relevant language. Counsel for Defendant sincerely apologizes for any inconvenience that her
error has caused. This amendment is necessary to ensure that the stipulation and order is in accordance
with current law.
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:
Subpart P, Appendix 1 in accordance with 20 C.F.R. §§ 416.920(d), 416.925, and 416.926.
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Reassess the claimant’s subjective complaints consistent with 20 C.F.R. § 416.929 and
Social Security Ruling (SSR) 16-3p.
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Reevaluate whether the claimant met or equaled a listed impairment in 20 C.F.R. Part 404,
Reassess other source evidence consistent with 20 C.F.R. § 416.913(d), 416.929(c)(3),
416.945(a)(3), and SSR 06-3p.
As appropriate, further evaluate the claimant’s residual functional capacity and, if
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appropriate, obtain supplemental vocational expert testimony to assist in determining what
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jobs exist, if any, for the claimant given her age, education, vocational factors and residual
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functional capacity.
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The parties further request that the Clerk of the Court be directed to enter an amended final
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judgment in favor of Plaintiff, and against Defendant, Commissioner of Social Security, reversing the
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final decision of the Commissioner.
Respectfully submitted,
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Dated: September 21, 2016
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By: /s/ Richard A. Whitaker*
RICHARD A. WHITAKER
Attorney for Plaintiff
*By email authorization on September 20, 2016
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Amended Stip. to Remand, 2:15-cv-01534-KJN
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BENJAMIN B. WAGNER
United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX
Social Security Administration
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By: Heather M. Moss
HEATHER M. MOSS
Special Assistant United States Attorney
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ORDER
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Dated: September 21, 2016
APPROVED AND SO ORDERED. The Clerk of Court shall enter an amended judgment in
accordance with this order, which shall amend the judgment previously entered on September 9, 2016.
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Dated: September 22, 2016
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Amended Stip. to Remand, 2:15-cv-01534-KJN
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