Aulla Hussein Abedelal -v- Carolyn W. Colvin

Filing 24

ORDER GRANTING STIPULATION FOR REMAND 23 . Signed by Judge Nathanael Cousins on 11/18/2014. (lmh, COURT STAFF) (Filed on 11/18/2014)

1
2
3
4
5
6

MELINDA L. HAAG, CSBN 132612
United States Attorney
DONNA L. CALVERT
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]

7
Attorneys for Defendant
8
UNITED STATES DISTRICT COURT
9
NORTHERN DISTRICT OF CALIFORNIA
10
11
AULLA HUSSEIN ABEDELAL,
12
Plaintiff,
13
vs.
14

16

CAROLYN W. COLVIN,
Acting Commissioner of
Social Security,

17

Defendant.

15

)
)
)
)
)
)
)
)
)
)
)
)
)

CIVIL NO. 3:14-CV-01334-NC
STIPULATION AND 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

18
19

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

20

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

21

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

22

four.

23

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

24

consider all medical opinions in the record, including the opinions from Dr. Dinesh Nagar in Exhibits

25

3F; 20F; 21F; 22F; 23F, explain the weight assigned to the medical opinions in the record and to the

26

extent any opinions are rejected or given less weight, state reasons for so finding. In light of the above

27

findings, the ALJ will reassess the claimant’s residual functional capacity and credibility of subjective

28
Stip for Remand, 3:14-CV-01334-NC

1

1
2
3
4
5
6

complaints including lay witness evidence and complete the rest of the sequential evaluation process as
necessary. On remand, Plaintiff 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.

7
Respectfully submitted,
8
9

MELINDA L. HAAG
United States Attorney

10
11

Dated: November 14, 2014

12
13

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

14
DAVID J. LINDEN, ATTORNEY AT LAW
15
16

Dated: November 14, 2014

17

By: /s/ David J. Linden_________
DAVID J. LINDEN
Attorney for Plaintiff
(as approved by email)

18
19
ORDER

20
21

PURSUANT TO STIPULATION, IT IS SO ORDERED:

22
23
DATED: November 18, 2014
24
25

____________________________________
NATHANAEL M. COUSINS
UNITED STATES MAGISTRATE DISTRICT JUDGE

26
27
28
Stip for Remand, 3:14-CV-01334-NC

2