Forsythe v. Astrue

Filing 16

ORDER FOR REMAND re 15 Proposed Order filed by Michael J. Astrue. Signed by Chief Magistrate Maria-Elena James on 11/27/2012. (rmm2S, COURT STAFF) (Filed on 11/27/2012)

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MELINDA L. HAAG CSBN 132612
United States Attorney
DONNA L. CALVERT SBN IL 619786
Acting Regional Chief Counsel, Region IX
ELIZABETH BARRY, CSBN 203314
Special Assistant United States Attorney
160 Spear Street, Suite 800
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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Attorneys for Defendant
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

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MICHAEL JOHN FORSYTHE,

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Plaintiff,
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v.
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COMMISSIONER OF
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SOCIAL SECURITY,
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Defendant.
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___________________________________)

CASE NO.: 3:12-cv-02093-MEJ
STIPULATION AND PROPOSED ORDER
FOR 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 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 administrative law judge (ALJ) is directed to (1) offer the claimant an opportunity

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for a new hearing, (2) develop the record, including requesting Veterans Administration records, and (2)

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issue a new decision in accordance with the applicable laws and regulations, including evaluating the

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Veterans Administration’s grant of benefits to the claimant.

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Respectfully submitted,
Dated: November 21, 2012

/s/ David Joseph Linden
(as authorized via email)
DAVID JOSEPH LINDEN
Attorney for Plaintiff

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BENJAMIN WAGNER
United States Attorney
Dated: November 21, 2012

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By /s/ Elizabeth Barry
ELIZABETH BARRY
Special Assistant U.S. Attorney
Attorneys for Defendant

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ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED.
November 27, 2012
DATED:________________________

_________________________________
MARIA-ELENA JAMES
UNITED STATES MAGISTRATE JUDGE

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