Wydner v. Commissioner of Social Security

Filing 21

STIPULATION and ORDER signed by Magistrate Judge Craig M. Kellison on 2/23/2017 ORDERING the Case REMANDED pursuant to sentence four of 42 U.S.C. § 405(g) to the Commissioner of Social Security. CASE CLOSED. (Jackson, T) Modified on 2/23/2017 (Jackson, T).

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PHILIP A. TALBERT
United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX
Social Security Administration
JEFFREY CHEN, CSBN 260516
Special Assistant United States Attorney
Social Security Administration
160 Spear Street, Suite 800
San Francisco, CA 94105
Telephone: [phone]
Facsimile: [phone]
Email: [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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DAWN WYDNER,

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Plaintiff,

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v.

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NANCY A, BERRYHILL,
Acting Commissioner of Social Security,
Defendant.

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Civil No. 2:16-cv-00458-KJM-CMK
STIPULATION FOR VOLUNTARY
REMAND PURSUANT TO SENTENCE
FOUR OF 42 U.S.C. § 405(g)

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

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attorneys, and with the approval of the Court, that the Commissioner of Social Security has

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agreed to a voluntary remand of this case pursuant to sentence four of 42 U.S.C. § 405(g). The

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purpose of the remand is to offer Plaintiff a new hearing and decision.

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Upon remand to the defendant, the Office of Disability Adjudication and Review

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(ODAR) will remand this case to an Administrative Law Judge (ALJ) and direct him or her to

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evaluate and explain the weight given to the medical opinion evidence. Specifically, the ALJ

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should evaluate the opinion of Dr. John Stoner III. ODAR will vacate the prior ALJ decision

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and Plaintiff will receive a de novo hearing.

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Respectfully submitted,

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Date: February 22, 2017

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LAW OFFICE OF JARED T. WALKER, PC
By:

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Date: February 22, 2017

PHILIP A. TALBERT
United States Attorney

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By:

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/s/ Jared Walker*
JARED WALKER
* By email authorization on Feb. 22, 2017
Attorney for Plaintiff

/s/ Jeffrey Chen
JEFFREY CHEN
Special Assistant United States Attorney
Attorneys for Defendant

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ORDER

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APPROVED AND SO ORDERED:
Dated: February 23, 2017

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Stip. to Remand
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