Blankenship v. Commissioner of Social Security

Filing 15

STIPULATION and ORDER signed by Magistrate Judge Allison Claire on 10/24/16 ORDERING this action be REMANDED for further administrative action. ORDERING Clerk of the Court to enter a final judgment in favor of Plaintiff, and against Defendant, REVERSING the final decision of the Commissioner. (Washington, S)

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PHILLIP A. TALBERT
Acting United States Attorney
BOBBIE J. MONTOYA
Assistant United States Attorney
DEBORAH LEE STACHEL
Regional Chief Counsel, Region IX
Social Security Administration
ELIZABETH FIRER
Special Assistant United States Attorney
160 Spear Street, Suite 800
San Francisco, CA 94105
Telephone: [phone]
Facsimile: 415-744-0134
E-Mail: [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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KEVIN BLANKENSHIP,

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

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No. 2:16-cv-01024-AC
STIPULATION FOR VOLUNTARY
REMAND PURSUANT TO SENTENCE
FOUR OF 42 U.S.C. § 405(g) AND FOR
ENTRY OF JUDGMENT

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IT IS HEREBY STIPULATED, by and between Kevin Blankenship (Plaintiff) and

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Carolyn W. Colvin, Acting Commissioner of Social Security (the Commissioner or Defendant),

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through their respective counsel of record, that this action be remanded for further administrative

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Stipulation for Voluntary Remand, No. 2:16-cv-01024-AC

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

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405(g), sentence four.

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On remand, the Commissioner will conduct any necessary further proceedings and issue

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a new decision with evidentiary support for the findings. If the ALJ finds the claimant is entitled

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to a period of disability, the onset date must be supported by the evidence and it must be clear in

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the decision why the evidence warrants different disability conclusions for different periods of

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time.

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The parties further request that the Clerk of the Court be directed to enter a final

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judgment in favor of Plaintiff, and against Defendant, reversing the final decision of the

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Commissioner.

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DATE: October 21, 2016

Respectfully submitted,

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PHILLIP A. TALBERT
Acting United States Attorney

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/s/ Elizabeth Firer
ELIZABETH FIRER
Special Assistant United States Attorney

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DATE: October 21, 2016

Respectfully submitted,
s/ Kelsey Mackenzie Brown
KELSEY MACKENZIE BROWN
Attorney for Plaintiff
(per email authorization)

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ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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DATED: October 24, 2016

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Stipulation for Voluntary Remand, No. 2:16-cv-01024-AC

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