Jackson v. Commissioner of Social Security

Filing 26

STIPULATION AND ORDER signed by Magistrate Judge Allison Claire on 7/22/2016 REMANDING CASE to the Commissioner of Social Security; the Clerk of the Court shall ENTER final judgment in favor of plaintiff and against defendant, Commissioner of Social Security, reversing the final decision of the Commissioner. CASE CLOSED (Reader, L) Modified on 7/25/2016 (Reader, L).

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PHILLIP A. TALBERT
United States Attorney
DEBORAH STACHEL
Acting Regional Chief Counsel, Region IX
Social Security Administration
MARLA K. LETELLIER, CSBN 234969
Special Assistant United States Attorney
160 Spear Street, Suite 800
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]

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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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TERESA L. JACKSON,
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Plaintiff,
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vs.
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CAROLYN W. COLVIN,
Acting Commissioner of
Social Security,

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Defendant.

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CIVIL NO. 2:15-cv-01737-AC
STIPULATION AND PROPOSED
ORDER FOR REMAND PURSUANT
TO SENTENCE FOUR OF 42 U.S.C. §
405(g), AND REQUEST FOR
JUDGMENT IN FAVOR OF PLAINTIFF
AND AGAINST DEFENDANT

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IT IS HEREBY STIPULATED, by and between the parties, through their respective counsel of

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record, that this action be remanded to the Commissioner of Social Security for further administrative

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action pursuant to section 205(g) of the Social Security Act, as amended, 42 U.S.C. § 405(g), sentence

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four.

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On remand, the Appeals Council will instruct the Administrative Law Judge (ALJ) to reevaluate

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the medical evidence, including all medical-source opinion evidence relating to the claimant’s functional

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capabilities and explain the weight given to the opinion-evidence in accordance with 20 C.F.R. §

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404.1527 and SSRs 96-2p and 96-5p; reevaluate the claimant’s residual functional capacity assessment,

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Stip for EOT, 2:15-cv-01737-AC

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if necessary; and reassess steps four and five with the assistance of a vocational expert, if necessary. On
remand, Plaintiff will have a new hearing and may present new arguments and further evidence to the
ALJ if such evidence becomes available.
The parties further request that the Clerk of the Court be directed to enter a final judgment in
favor of Plaintiff, and against Defendant, Commissioner of Social Security, reversing the final decision
of the Commissioner.
Respectfully submitted,

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BENJAMIN WAGNER
United States Attorney

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Dated: July 21, 2016

By: /s/ Marla K. Letellier
MARLA K. LETELLIER
Special Assistant United States Attorney
Attorneys for Defendant

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JACQUELINE A. FORSLUND, ESQ.

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Dated: July 22, 2016

By: /s/ Jacqueline A. Forslund
JACQUELINE A. FORSLUND
Attorney for Plaintiff
(as approved by email on July 22, 2016)

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PURSUANT TO STIPULATION, IT IS SO ORDERED:

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DATED: July 22, 2016

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Stip for EOT, 2:15-cv-01737-AC

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