Ramirez v. Colvin

Filing 22

STIPULATION AND ORDER REMANDING CASE re 21 STIPULATION WITH PROPOSED ORDER for Voluntary Remand Pursuant to 42 U.S.C. § 405(g) filed by Carolyn W. Colvin, Motions terminated: 18 MOTION to Remand MOTION for Summary Judgment filed by Andres Ramirez, III, 21 STIPULATION WITH PROPOSED ORDER for Voluntary Remand Pursuant to 42 U.S.C. § 405(g) filed by Carolyn W. Colvin.. Signed by Judge Edward M. Chen on 1/6/14. (bpf, COURT STAFF) (Filed on 1/6/2014)

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Case3:13-cv-01688-EMC Document21 Filed01/03/14 Page1 of 2 1 2 3 4 5 6 7 8 9 MELINDA L. HAAG, CSBN 132612 United States Attorney DONNA L. CALVERT, SBN IL 6191786 Acting Regional Chief Counsel, Region IX Social Security Administration FRANCESCO P. BENAVIDES, CSBN 258924 Special Assistant United States Attorney 160 Spear Street, Suite 800 San Francisco, CA 94105 Telephone: 415-977-8978 Facsimile: 415-744-0134 Email: francesco.benavides@ssa.gov Attorneys for Defendant 10 11 UNITED STATES DISTRICT COURT 12 NORTHERN DISTRICT OF CALIFORNIA 13 14 15 16 17 18 19 20 21 22 23 24 25 ANDRES RAMIREZ, III, ) ) Plaintiff, ) ) v. ) ) ) CAROLYN W. COLVIN, ) Acting Commissioner of ) Social Security, ) ) Defendant. ) ______________________________ ) Civil No. 3:13-cv-01688-EMC STIPULATION TO VOLUNTARY REMAND AND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(g) AND TO ENTRY OF JUDGMENT; [PROPOSED] ORDER THE PARTIES HEREBY STIPULATE, through their undersigned attorneys and with the approval of the Court, that Defendant has agreed to a voluntary remand of this case pursuant to sentence four of 42 U.S.C. § 405(g). 26 Upon remand, the Office of Disability Adjudication and Review will remand this 27 28 case to an Administrative Law Judge (ALJ) and direct him or her to further develop the 1 Case3:13-cv-01688-EMC Document21 Filed01/03/14 Page2 of 2 1 medical record as to the onset of Plaintiff’s disability and obtain testimony from a 2 medical expert in that regard. 3 4 As noted, this stipulation constitutes a remand under the fourth sentence of Section 205(g) of the Social Security Act. 42 U.S.C. § 405(g). 5 6 Respectfully submitted, 7 8 Date: January 3, 2013 Law Offices of Cynthia Starkey 9 /s/ Francesco Benavides for Cynthia Starkey* CYNTHIA GAIL STARKEY (* by email authorization on January 3, 2014) Attorney for Plaintiff 10 11 12 13 14 MELINDA L. HAAG United States Attorney DONNA L. CALVERT Acting Regional Chief Counsel, Region IX Social Security Administration Date: January 3, 2013 15 16 17 BY: 18 19 20 /s/ Francesco P. Benavides_ FRANCESCO P. BENAVIDES Special Assistant United States Attorney Attorneys for Defendant 21 22 R NIA ____________________________________ D RDERE HONORABLE GARY S. AUSTIN Edward M. S SO O IED IT I DIF UNITED STATES MAGISTRATE JUDGE AS MO DISTRICT NO RT dwar Judge E 2 H ER en d M. Ch FO 28 LI 27 DATED: ____________ A 26 RT U O 25 S 24 APPROVED AND SO ORDERED. S DISTRICT TE C TA 1/6/14 UNIT ED 23 ORDER N D IS T IC T OF C Chen

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